{"id":3076,"date":"2009-09-18T13:21:01","date_gmt":"2009-04-21T07:10:55","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-04-21T07:10:55","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3076","title":{"rendered":"PA: While mom lacked actual authority, she had apparent authority on totality of the circumstances"},"content":{"rendered":"<p>An officer patrolling in a park ran the license number of a vehicle and concluded that the owner had a suspended license and a prior for drugs. When he got in the vehicle to drive off, the vehicle was stopped, and a drug dog was called in. The stop was justified, and the dog sniff was not improper. A dog sniff is like a plain view. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/8\/2009\/2009-ohio-1785.pdf\">State v. Hoppert<\/a>, 2009 Ohio 1785, 181 Ohio App. 3d 787, 910 N.E.2d 1106 (8th Dist. 2009).*<\/p>\n<p>Defendant who pled guilty before motion to suppress could have been filed cannot claim IAC against defense counsel. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/8\/2009\/2009-ohio-1797.pdf\">State v. Bishop<\/a>, 2009 Ohio 1797, 2009 Ohio App. LEXIS 1519 (8th Dist. April 16, 2009).*<\/p>\n<p>Police responded to a domestic disturbance call involving defendant firing a gun at a woman, officers went to where defendant stayed and where he ran to and talked to his mother, and she consented to a search. She lacked actual authority to consent to the search of her adult child&#8217;s room, but she had apparent authority. &#8220;Based upon the totality of the circumstances, we conclude that the facts available to Officer Rattigan at the time of his search would lead a person of reasonable caution to believe that Nunley possessed apparent authority over the third floor. Nunley was Basking&#8217;s mother, owned the residence, directed Officer Rattigan to the third floor, escorted Officer Rattigan to the third floor, and encouraged Officer Rattigan to search the third floor.&#8221; A different standard does not apply under the state constitution (following three other states coming to the same conclusion). <a href=\"http:\/\/www.pacourts.us\/OpPosting\/Superior\/out\/a03016_09.pdf\">Commonwealth v. Basking<\/a>, 2009 PA Super 67, 970 A.2d 1181 (2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=3076\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-3076","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3076","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3076"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3076\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3076"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3076"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3076"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}