CA3: Man had apparent authority to consent to search of purse

One male defendant effectively consented to a search of a woman’s purse. When consent was asked for, he indicated the purse. He was asked again “this purse,” and he nodded. This amounted to apparent authority to consent. It seemed to be defendant’s. “We admit some question exists on this record as to the ownership of the bag/purse. But ultimately, that does not matter. Hull consistently refers to the bag as his in his brief and did not disclaim ownership of the bag in the District Court. The Government, in its brief, labels the purse as belonging to Hull’s girlfriend, and later, confusingly claims the District Court determined the purse belonged to Hull’s girlfriend.” United States v. Walker, 2013 U.S. App. LEXIS 13391 (3d Cir. June 26, 2013) (citing the Urban Dictionary on “murse”–a man’s purse).

Defendant’s mother could consent to a search of her adult son’s room when both were present, the police never asked him, and he objected to her, not them, saying “mommy, don’t do it.” United States v. DeAlba, 2013 U.S. Dist. LEXIS 91960 (D. Nev. July 1, 2013), R&R 2013 U.S. Dist. LEXIS 91958 (D. Nev. April 12, 2013).