{"id":1411,"date":"2008-03-04T10:45:46","date_gmt":"2007-10-04T08:47:26","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-10-04T08:47:26","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1411","title":{"rendered":"Use of password on computer was unknown to officers and did not defeat apparent authority claim of police"},"content":{"rendered":"

Officers believed that the defendant’s wife and son had equal access to defendant’s computer to consent to its search. His wife played only solitaire, but his son was aware of the child porn, so it was reasonable for them to believe they had equal access. United States v. Allen<\/a>, 250 Fed. Appx. 9 (5th Cir. 2007) (unpublished) (raised as an IAC claim).<\/p>\n

Consent to search mooted defendant’s protective sweep argument that the sweep was for a gun and not a person as contemplated by Buie<\/em><\/a>. The consent was not tainted by the prior protective search. United States v. Delancy<\/a>, 502 F.3d 1297 (11th Cir. 2007):<\/p>\n

In Santa<\/em>, we considered three factors in determining whether a defendant’s consent was tainted by his illegal arrest: “[1] the temporal proximity of the seizure and the consent, [2] the presence of intervening circumstances, and, particularly, [3] the purpose and flagrancy of the official misconduct.” 236 F.3d at 677. <\/p>\n

The three factors are not meant to be exhaustive, and commentators have suggested others. See 4 Wayne R. LaFave, Search and Seizure \u00a7 8.2(d) (4th ed. 2004) (discussing additional factors such as “whether the seizure brought about police observation of the particular object which they sought consent to search, … whether the consent was volunteered rather than requested by the detaining officers, whether the arrestee was made fully aware of the fact that he could decline to consent and thus prevent an immediate search of the car or residence, whether there has been a significant intervening event such as presentation of the arrestee to a judicial officer, and whether the police purpose underlying the illegality was to obtain the consent” (footnotes omitted)). Moreover, we will not allow a factor-based analysis to obscure the underlying question, which “generally involves a pragmatic evaluation of the extent to which the illegal police conduct caused the defendant’s response.” United States v. Bailey<\/em>, 691 F.2d 1009, 1013 (11th Cir. 1982). Nevertheless, the factors do provide a useful structure. Applied here, they yield the conclusion that this search was consonant with the Fourth Amendment.<\/p><\/blockquote>\n

The government moved to dismiss a motion to suppress on standing grounds. Defendant who was half owner of car and a passenger in it had standing to challenge its search. He was on parole, and that issue will be resolved at the next hearing: was the parole search reasonable. United States v. Stanley, 2007 U.S. Dist. LEXIS 73443 (D. Colo. October 2, 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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