Category Archives: Apparent authority

IN: Male occupant’s consent to search his house didn’t include the purse of a woman that lived there

Male occupant’s consent to search his house didn’t include the purse of a woman that lived there. The officer could not reasonably believe that he had apparent authority over that. Cinamon v. State, 2022 Ind. App. LEXIS 345 (Oct. 25, … Continue reading

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CA8: Apparent authority to consent applies to effects

Apparent authority to consent applies to effects. The officer had reason to believe that the other female occupant of the car had apparent authority to consent to a search of what was listed in the report as a “man bag,” … Continue reading

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NJ: Alleged third party consenter had no apparent authority

The third-party consent here was invalid because there was no reason to believe they had apparent authority. State v. Marcellus, 2022 N.J. Super. LEXIS 69 (May 18, 2022). The vehicle safety checkpoint was set up with a valid programmatic purpose, … Continue reading

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CA6: All family members have common authority over common areas of the house

All family members have common authority over common areas of the house. United States v. Campany, 2022 U.S. App. LEXIS 9518 (6th Cir. Apr. 8, 2022). Defendant’s Franks claim for ineffective assistance of counsel fails for failing to show what … Continue reading

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PA: No apparent authority that def’s mother, a visitor outside, could consent to search

There was no apparent authority for defendant’s mother to consent to police entry. They knew she was a mere visitor herself, and she offered to let them in. She was not inside; she just came up when they were there. … Continue reading

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CA9: Interstate truck driver had apparent authority to consent to search of package in truck

An Old Dominion truck driver had apparent authority to open a package consigned to him and his company to haul. He became suspicious it was contraband and called the police. They wouldn’t act without probable cause so the driver took … Continue reading

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IL: Refusal to submit to SW for blood or urine was obstruction of justice

Defendant’s refusal to submit to a search warrant for his blood or urine in a DUI case supported his conviction for obstruction of justice. People v. Hutt, 2022 IL App (4th) 190142, 2022 Ill. App. LEXIS 28 (Jan. 18, 2022). … Continue reading

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OH4: Mere sleeping visitor in apt has no apparent authority to consent to search

Somebody sleeping in an apartment that the officer knew was a mere visitor had no standing to consent to an entry. State v. Brandau, 2021-Ohio-3688, 2021 Ohio App. LEXIS 3592 (4th Dist. Oct. 4, 2021). 2255 petitioner’s Franks ineffective assistance … Continue reading

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S.D.N.Y.: Late return of SW materials in discovery wasn’t at all prejudicial

The return of the search warrant materials was late, but defendant shows no prejudice, and he had them in discovery. United States v. Lesane, 2021 U.S. Dist. LEXIS 137777 (S.D.N.Y. July 23, 2021). Defendant’s discovery claim that the government must … Continue reading

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E.D.Wisc.: Domestic abuse victim bleeding outside had apparent authority to consent to entry and search

A domestic abuse victim police encountered bleeding outside had apparent authority to consent to an entry and search of the property. As the police came up, she said “He beat me bad this time.” Quintero v. Vega, 2021 U.S. Dist. … Continue reading

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NC: State has burden of proof BRD on 4A harmless error

The state carries the burden of proving harmless error for a Fourth Amendment beyond a reasonable doubt. State v. Scott, 2021-NCSC-41, 2021 N.C. LEXIS 321 (Apr. 16, 2021). The evidence supports that the person consenting had apparent and actual authority … Continue reading

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W.D.Ark.: Officer acting outside his local jurisdiction isn’t 4A issue

“Mr. van Leeuwen also claims that Boone County officers were without jurisdiction when they arrested him in his Marion County home, in alleged violation of Arkansas Code § 14-15-501. However, ‘[a] police violation of state law does not establish a … Continue reading

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S.D.N.Y.: Householder had common authority over def’s room to at least enter

A pair of shoes in plain view in defendant’s room in somebody else’s house were validly seized. The householder had sufficient common authority to at least consent to enter the room. It was not defendant’s primary residence. The officer’s reliance … Continue reading

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NE: Search of passenger’s purse by consent for passenger compartment was based on reasonable belief it was passenger’s

The driver consented to a search of the car defendant was a passenger in. The passenger’s purse was reasonably believed to be the driver’s for consent purposes, even though it was on her side. When it was opened and her … Continue reading

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N.D.Ill.: Reasonable reliance on apparent authority is good faith in itself

Reasonable reliance on apparent authority to consent is good faith. “And relying on consent in good faith is circular and redundant. Whether there is apparent authority to consent already addresses the officers’ good-faith belief in the consenters’ authority. Put differently, … Continue reading

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No apparent authority over daughter’s separate downstairs apartment

Defendant’s mother did not have common authority over the entire premises to consent to a search. She owned the place and lived upstairs. Her daughter had separate quarters downstairs, and her son was sometimes allowed to stay with her. Commonwealth … Continue reading

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OR: Apparent authority to consent to search of contents of car here limited to his own stuff

There were two people in a van and a consent search was sought; the police needed to make sure that one didn’t consent to search of property under control of the other. “As a matter of law, actual authority over … Continue reading

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M.D.Pa.: Probation search of cell phone was reasonable even though a later forensic search was conducted

A probation search of defendant’s cell phone was based on reasonable suspicion that defendant violated his conditions of supervised release. The later warrantless forensic review of his phone was unreasonable. United States v. Brownlee, 2020 U.S. Dist. LEXIS 103839 (M.D. … Continue reading

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TN: With no findings of fact, court can look at dashcam video and draw own conclusion suppression was appropriate

The trial court didn’t make findings of fact, so the appellate court can review the dashcam video and draw its own conclusions. “The trial court reviewed the testimony of the only witness and made an implicit finding that his testimony … Continue reading

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D.Me.: Order of protection between occupants of car is RS

When the officer discovers an order of protection between two people in a car, there is reasonable suspicion to investigate further. United States v. Williams, 2020 U.S. Dist. LEXIS 91549 (D. Me. May 26, 2020). The police reasonably believed the … Continue reading

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