{"id":43422,"date":"2020-04-07T16:24:09","date_gmt":"2020-04-07T21:24:09","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=43422"},"modified":"2020-04-07T16:24:09","modified_gmt":"2020-04-07T21:24:09","slug":"ca7-consenter-had-apparent-authority-no-signs-she-might-not-have-actual-authority","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=43422","title":{"rendered":"CA7: Consenter had apparent authority; no signs she might not have actual authority"},"content":{"rendered":"\n<p>Based on all the evidence, the consenter had apparent authority to consent to the search of the house. While she\u2019d supposedly moved out, she had a key and still had stuff there, and the officers had no suggestion that she might have lacked authority to consent. <a href=\"http:\/\/media.ca7.uscourts.gov\/cgi-bin\/rssExec.pl?Submit=Display&amp;Path=Y2020\/D04-06\/C:19-1160:J:PerCuriam:aut:T:npDp:N:2497615:S:0\">Conner v. Vacek<\/a>, 2020 U.S. App. LEXIS 10714 (7th Cir. Apr. 6, 2020) [Sounds a lot like Illinois v. Rodriguez.]<br \/><\/p>\n\n\n\n<p>After a remand to consider the full record, it\u2019s clear the petitioner had a \u201cfull and fair opportunity to litigate\u201d his search issue under Stone v. Powell, and he did, in fact, do so. Besides, it was right anyway. <a href=\"https:\/\/www.ca10.uscourts.gov\/opinions\/17\/17-1369.pdf\">Thornton v. Goodrich<\/a>, 2020 U.S. App. LEXIS 10722 (10th Cir. Apr. 6, 2020).*<br \/><\/p>\n\n\n\n<p>The seizure of defendant\u2019s cell phone for child pornography as soon as it was discovered was reasonable, and a state search warrant was sought right after that. A federal search warrant four months later wasn\u2019t stale. <a href=\"http:\/\/www.ca4.uscourts.gov\/opinions\/194392.U.pdf\">United States v. Grinder<\/a>, 2020 U.S. App. LEXIS 10725 (4th Cir. Apr. 6, 2020).*<br \/><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Based on all the evidence, the consenter had apparent authority to consent to the search of the house. While she\u2019d supposedly moved out, she had a key and still had stuff there, and the officers had no suggestion that she &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=43422\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[30,126,8],"tags":[],"class_list":["post-43422","post","type-post","status-publish","format-standard","hentry","category-apparent-authority-2","category-issue-preclusion","category-staleness"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43422","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\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=43422"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43422\/revisions"}],"predecessor-version":[{"id":43423,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43422\/revisions\/43423"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=43422"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=43422"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=43422"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}