The consenter had no apparent authority to consent to a search of defendant’s shoe box because there was no common control. United States v. Taylor, 2008 U.S. Dist. LEXIS 102085 (N.D. Ohio December 9, 2008):<\/p>\n
Here, as in Waller, Fultz, and Purcell, the court finds that Arnett lacked actual authority to consent to the search of Taylor’s closed shoe box because: (1) none of Arnett’s personal effects were contained in Taylor’s shoe box; (2) the evidence shows that Taylor exercised exclusive control over the shoe box; and (3) the evidence shows that Taylor never gave Arnett permission to open the shoe box. The government’s attempt to argue that Arnett had actual authority to consent to the search of the closed shoe box because some of Arnett’s personal effects were stored in the closet where the shoe box was found is unavailing. Significantly, “what matters is not whether [Arnett] had access to the [closet], but whether she had mutual use and joint access to or control over [the shoe box].” Fultz, 146 F.3d at 1106. Accordingly, in light of Waller, Purcell, and Fultz, the court finds that the government did not meet its burden of showing that Arnett had actual authority to consent to the search of Taylor’s closed shoe box.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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