{"id":6159,"date":"2012-02-16T13:48:52","date_gmt":"2011-10-20T09:28:20","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-10-20T09:28:20","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6159","title":{"rendered":"IA: Visitor had apparent authority to consent to entry"},"content":{"rendered":"<p>Defendant\u2019s mother, a visitor to the house, could consent to an entry. As far as the officers were concerned, she had apparent authority. Here, her daughter was taking a nap and did not hear the officers at the door. <a href=\"http:\/\/www.iowacourts.gov\/court_of_appeals\/Recent_Opinions\/20110427\/1-188.pdf\">State v. Barkhausen<\/a>, 2011 Iowa App. LEXIS 1139 (April 27, 2011).*<\/p>\n<p>Defendant\u2019s stop in a Wal-Mart parking lot on suspicion of DWI was initiated by a 911 call from a Wal-Mart employee who met the officer in the parking lot. Defendant was apparently under the influence. A drug dog was present and alerted. The finding of consent did not have to be reached. <a href=\"http:\/\/www.ca10.uscourts.gov\/opinions\/10\/10-2273.pdf\">United States v. Chavez<\/a>, 660 F.3d 1215 (10th Cir. 2011).*<\/p>\n<p>Defendant was Mirandized and then told the officers where his Dilaudid was hidden. That was consent. <a href=\"http:\/\/opinions.1dca.org\/written\/opinions2011\/10-17-2011\/10-2104.pdf\">Cox v. State<\/a>, 75 So. 3d 325 (Fla. 1st DCA 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=6159\">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-6159","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6159","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=6159"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6159\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6159"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6159"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6159"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}