{"id":7470,"date":"2013-03-09T10:32:01","date_gmt":"2012-07-22T07:55:23","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-07-22T07:55:23","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7470","title":{"rendered":"CA6: Forcibly removed co-tenant still can have apparent authority to consent"},"content":{"rendered":"

Plaintiff was acquitted of domestic battery so he sued all the officers involved, and they had qualified immunity. The entry into plaintiff\u2019s house was with the apparent authority of the victim who still had it despite having been forcibly removed by plaintiff. Hays v. Bolton<\/a>, 488 Fed. Appx. 971 (6th Cir. 2012):<\/p>\n

We have held that “magic words” are not necessary for effective consent; rather, the totality of the circumstances, including a party’s non-verbal conduct, should be considered in determining whether consent exists. See United States v. Carter, 378 F.3d 584, 588 (6th Cir. 2004) (finding consent “considering th[e] testimony and all [of] the circumstances” where an ordinary citizen would have recognized that assent had been given). Here, the totality of the circumstances suggested that Heather was a forcibly removed co-tenant with authority to consent to a warrantless search of the residence. Even assuming Heather was no longer a resident and lacked the actual authority to consent to a search, we conclude that she displayed apparent authority sufficient to justify Officers Bolton and Grassnig’s conduct under the Fourth Amendment.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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