{"id":8162,"date":"2012-12-29T13:56:02","date_gmt":"2012-12-29T10:27:39","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-12-29T10:27:39","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=8162","title":{"rendered":"NY4: Police did not have to question live-in girlfriend’s apparent authority where they confirmed all they needed to know"},"content":{"rendered":"

Police responded to a domestic battery call, and defendant\u2019s live-in girlfriend was outside but afraid to go in to retrieve her things to get out. She told the police he kept a gun inside. When the police went in with her, they could see in the closet men\u2019s and women\u2019s clothes. Based on the situation presented to them, they had a reasonable belief in her authority and did not have to question her further about it. People v. Smith<\/a>, 2012 NY Slip Op 927, 2012 N.Y. App. Div. LEXIS 9155 (4th Dept. December 28, 2012):<\/p>\n

Thus, “the record establishes that the searching officer[s] relied in good faith on the apparent authority of [the complainant] to consent to the search, and the circumstances reasonably indicated that [she] had the requisite authority to consent to the search” (People v Fontaine, 27 AD3d 1144, 1145, lv denied 6 NY3d 847; see People v Frankline, 87 AD3d 831, 833, lv denied 19 NY3d 973; People v Littleton, 62 AD3d 1267, 1269, lv denied 12 NY3d 926). Contrary to defendant’s contention, the searching officers were “not required to make some inquiry into the actual state of authority'” of complainant to consent to a search because they were not “faced with a situation which would cause a reasonable person to question the consenting part[y’s] power or control over the premises or property to be inspected'” (Fontaine, 27 AD3d at 1145, quoting Adams, 53 NY2d at 10).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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