NJ: Common authority to search a storage unit doesn’t necessarily include authority to search bags within

After a search warrant produced nothing, the domestic battery complainant had common authority to consent to a search of a storage trailer to seize weapons, but not to search the bags that the weapons were found in. “A third party’s authority to consent to a residential search gives the police ‘the right to seize any evidence that was in plain view,’ but ‘[a] third party who has common authority over the premises might nevertheless lack common authority over the items therein.’ Coyle, 119 N.J. at 217, 574 A.2d 951; …” The motion to suppress should have been granted. Common authority here didn’t extend to the bags. State v. Miranda, 2023 N.J. LEXIS 394 (May 3, 2023).

Even if there wasn’t probable cause (“which the Court specifically denies”) the good faith exception applies here. United States v. Webster, 2023 U.S. Dist. LEXIS 75981 (S.D. Ala. May 2, 2023).*

Petitioner does not get appointed counsel to investigate his Fourth Amendment ineffective assistance of counsel claim where the search warrant and affidavit aren’t presented to the court. Hill v. May, No. 5:19-cv-1640, 2023 U.S. Dist. LEXIS 76633 (N.D. Ohio May 2, 2023).*

This entry was posted in Apparent authority, Consent, Good faith exception, Scope of search. Bookmark the permalink.

Comments are closed.