The fact the defendant was “attentive” during the search of his car was not proof that he was in constructive possession of a gun found in the car. United States v. Bethly, 511 F. Supp. 2d 426 (D. Del. 2007):<\/p>\n
The government relies heavily on Bethly’s conduct during the search of his car, noting that he was very attentive and was watching the officers very closely. The government does not specifically argue, but seems to imply that this behavior constitutes suspicious conduct. As previously mentioned, suspicious conduct is a proper factor to consider in the constructive possession calculus. See Bellinger<\/em>, 461 F. Supp. 2d at 347; Iafelice<\/em>, 978 F.2d at 97. This court, however, is not willing to make the leap the government urges. That is, the court is reluctant to find that a person’s attentiveness to a search of his or her vehicle alone is necessarily the behavior of someone who has hidden contraband in the vehicle, and is concerned about its discovery. This court hopes that a person would take an interest in a search of his vehicle by police. In fact, this Judge would be very attentive and watch police officers very closely if they were conducting a search of his own vehicle, and he would expect the same of his fellow citizens. The court, therefore, gives little weight to the government’s argument regarding Bethly’s conduct during the search of his vehicle.<\/p><\/blockquote>\n
Officer was on notice that the person he was seeking consent from was without apparent authority. Therefore, the purported consent is invalid. United States v. Washington, 2007 U.S. Dist. LEXIS 69303 (S.D. Ohio September 19, 2007).*<\/p>\n
Estranged wife did have apparent authority to consent to a search. United States v. Stone, 2007 U.S. Dist. LEXIS 69210 (D. Conn. September 18, 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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