WA: Renter of hotel room could consent to search of room with co-occupants, but not of co-occupant’s stuff

“Here, Giberson was a guest in Goedker’s motel room. As a result, Goedker as the person renting the room had authority to give consent for law enforcement to search the room. … And even though Giberson was present, because he was a guest and not a co-occupant, law enforcement was not required to obtain his consent to search the room. …” But, he did not have common authority to consent to a search of defendant’s personal belongings, even in a grocery bag. State v. Giberson, 2023 Wash. App. LEXIS 656 (Apr. 4, 2023).

Plaintiff’s claim for excessive force fails. “Moreover, Gianni failed to raise a fact issue as to whether the officers’ response was objectively unreasonable under Fifth Circuit precedent. Though Gianni asserts that Officer Williams ‘repeatedly tased him until he was in the police car,’ the video plainly shows that Gianni was tased only once.” Williams v. City of Greenwood, 2023 U.S. App. LEXIS 7922 (5th Cir. Mar. 31, 2023).*

A reasonable jury could conclude officers violated the Fourth Amendment here, and the right was clearly established at the time. Franklin v. City of Charlotte, 2023 U.S. App. LEXIS 7979 (4th Cir. Apr. 4, 2023).*

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