In some circuits, there is a presumption from relationships that a cotenant has common authority to consent, and this presumption may be rebutted by defendant’s actions. Here, the presumption does not apply to defendant’s sister who lived in the same house with him. While her actual authority may be lacking, however, she had apparent authority. United States v. Gonzalez, 2007 U.S. Dist. LEXIS 70162 (E.D. Wis. September 20, 2007):<\/p>\n
As to these factors, this court finds that Gonzalez is able to present evidence that controverts that his sister or mother had the actual authority to consent to a search. First, Ms. Gonzalez testified that the doors to Gonzalez’s room were consistently closed. (Tr. 126.) Additionally, Ms. Gonzalez stated that she didn’t have access to her brother’s room; she would only enter if her three-year-old daughter happened to run into his room. (Tr. 130.) She also testified that Gonzalez “doesn’t like anybody invading his privacy [or] anyone going in his room,” and that they were like “four strangers living in a house.” (Tr. 130.) These factors significantly militate against a finding that either Ms. Gonzalez or her mother had the actual authority to consent to a search of Gonzalez’s room. The court finds they evidence a desire on behalf of Gonzalez to restrict access to his room, and it also shows that his family members were aware of his desire to do so. Accordingly, the court finds that neither Gonzalez’s mother nor sister had the actual authority to consent to a search of his bedroom.<\/p>\n
However, and significantly, despite the court finding that there was not actual authority to search, it does find that there was the apparent authority to search, and therefore the police acted upon what they thought was a valid third-party consent.<\/p><\/blockquote>\n
Defendant passenger in a vehicle stopped on an interstate, and he tried every argument that his detention was exploited to find the drugs in the car. That is, he would have to have shown that he would have been able to leave on his own in the driver’s car, and he could not. United States v. Salas<\/a>, 248 Fed. Appx. 906 (10th Cir. 2007).*<\/p>\n
Suit over search warrant fails because the plaintiff failed to show that the warrant was issued without probable cause. Simms v. City of Harrodsburg, 2007 U.S. Dist. LEXIS 70250 (E.D. Ky. September 21, 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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