{"id":1757,"date":"2008-04-08T09:35:34","date_gmt":"2008-02-05T07:21:58","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-02-05T07:21:58","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=1757","title":{"rendered":"Two cases on “apparent authority” to consent"},"content":{"rendered":"

There was no apparent authority to consent to search of the other half of a mobile home that was divided by a wall with a separate door. There was no common authority, and that was what was apparent. State v. Kuhnhausen<\/a>, 289 Ga. App. 489, 657 S.E.2d 592 (2008).*<\/p>\n

The officers reasonably believed in apparent authority of occupants to consent to a search of a separate bedroom on the premises. The trial court found the situation “confusing” as to who had what authority and the officers could not rely on it. The appellate court disagreed because everybody was in the living room, and they agreed that consent would be given to search the bedroom, so the officers acted reasonably in believing there was apparent authority. State v. Boland<\/a>, 2008 Ohio 353, 2008 Ohio App. LEXIS 292 (12th Dist. February 4, 2008). <\/p>\n

Comment:<\/em> This court noted, not completely incorrectly, that this exception is a form of “good faith exception” for a warrantless search: <\/p>\n

[*P16] Even if a third party does not possess actual common authority over the area that was searched, the Fourth Amendment is not violated if the police relied in good faith on a third party’s apparent authority to consent to the search. [Rodriguez<\/em>]. at 188-189. Apparent authority is judged by an objective standard. Id.<\/em> In Illinois v. Rodriguez<\/em><\/a>, the United States Supreme Court held that a warrantless search based on consent was permissible if “the facts available to the officer at the moment [would] warrant a man of reasonable caution in the belief that the consenting party had authority over the premises.” Id.<\/em> at 188.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-1757","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1757","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1757"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1757\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1757"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1757"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1757"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}