Apparent authority is different from actual authority. One is not the other. United States v. Wilburn, 2012 U.S. Dist. LEXIS 66301 (E.D. Ky. May 11, 2012)*:<\/p>\n
Wilburn argues the finding of actual authority was erroneous for two reasons. First, he ties what he concludes is a shaky basis for apparent authority to what he argues must correspond to a finding of no actual authority, “if her apparent authority was questionable the officers certainly could not rely on actual authority.” [R. 426 at 2]. Like all of Wilburn’s arguments, he cites no legal authority to support this proposition. Indeed, Wilburn’s argument is at odds with the clear legal principles present in this situation. Apparent authority is present when “the facts available to the officer at the moment warrant a man of reasonable caution in the belief that the consenting party had authority over the premises.” United States v. Campbell, 317 F.3d 597, 608 (6th Cir. 2003) (quotation omitted). Thus, apparent authority, as an idea, concerns what information the officers knew at the time of the search and whether it would be reasonable to conclude that the consenter had authority.<\/p>\n
This is very different from actual authority. The concept of actual authority is concerned with whether the consenter had actual dominion over the object he authorized to be searched.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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