{"id":58275,"date":"2024-07-05T10:10:49","date_gmt":"2024-07-05T15:10:49","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=58275"},"modified":"2024-07-05T10:10:49","modified_gmt":"2024-07-05T15:10:49","slug":"nc-wife-had-sufficient-common-authority-over-cell-phone-to-consent-to-seizure-and-search","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=58275","title":{"rendered":"NC: Wife had sufficient common authority over cell phone to consent to seizure and search"},"content":{"rendered":"\n<p>Defendant allowed his cell phone to be used by everyone in the family, including his child to watch YouTube videos. His wife had sufficient common authority to consent to a seizure and search. <a href=\"https:\/\/appellate.nccourts.org\/opinions\/?c=2&amp;pdf=43665\">State v. Duran-Rivas<\/a>, 2024 N.C. App. LEXIS 557 (July 2, 2024).<\/p>\n\n\n\n<p>\u201cThe inconsistency [in the affidavit] is the product of an incorrect assumption that was later corrected through additional investigation\u2014i.e., nothing more than an innocent mistake. And \u2018[a]llegations of negligence or innocent mistake[s] are insufficient\u2019 to warrant a Franks hearing. Franks, 438 U.S. at 171. What&#8217;s more, it is not clear that the two statements are necessarily in conflict. Though the record is silent on the question, it is conceivable that Neely&#8217;s physical description is similar to Ellison&#8217;s.\u201d No Franks hearing. United States v. Ellison, 2024 U.S. Dist. LEXIS 116655 (E.D. Mich. July 2, 2024).*<\/p>\n\n\n\n<p>A license plate that was crooked because only one bolt held it was justification for a stop. State v. Kirby, 2024-Ohio-2543 (5th Dist. July 1, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant allowed his cell phone to be used by everyone in the family, including his child to watch YouTube videos. His wife had sufficient common authority to consent to a seizure and search. State v. Duran-Rivas, 2024 N.C. App. LEXIS &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=58275\">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":[30,5,21,35],"tags":[],"class_list":["post-58275","post","type-post","status-publish","format-standard","hentry","category-apparent-authority-2","category-cell-phones","category-franks-doctrine","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58275","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=58275"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58275\/revisions"}],"predecessor-version":[{"id":58276,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58275\/revisions\/58276"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58275"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58275"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58275"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}