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. Commonwealth v. Lehnerd, 2022 PA Super 57, 2022 Pa. Super. LEXIS 144 (Apr. 5, 2022).

“On this interlocutory appeal, given that the facts and all reasonable inferences must be drawn in Warden’s favor, we cannot accept as true the disputed testimony of Officers Cowan and Weaver that Warden’s pushup movement gave him access to his waistband in a way that would allow him to shoot the officers or others, or otherwise create an immediate threat to their safety. Therefore, given Warden’s version of events, we cannot conclude that as a matter of law Officers Cowan and Weaver acted objectively reasonably when they shot Warden. Therefore, the district court did not err in finding that the question of whether a constitutional violation occurred was a matter for the jury to determine.” Warden v. Cowan, 2022 U.S. App. LEXIS 9016 (6th Cir. Apr. 4. 2022).*