{"id":24751,"date":"2016-12-11T00:00:26","date_gmt":"2016-12-11T05:00:26","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=24751"},"modified":"2016-12-10T18:30:46","modified_gmt":"2016-12-10T23:30:46","slug":"mo-reliance-on-apparent-authority-was-objectively-reasonable","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=24751","title":{"rendered":"MO: Reliance on apparent authority was objectively reasonable"},"content":{"rendered":"

It was objectively reasonable for the officer to believe the officer\u2019s testimony that the officers had apparent authority to enter the basement area where defendant was staying. \u201cDefendant argues on appeal that Ms. Latcher did not reside in the home because A.S. stated she and Ms. Latcher would \u2018come and go.\u2019 However, Officer Brown testified that Ms. Latcher told him she lived there, he believed her statement, and she gave him consent to enter the home, and showed him to the basement. We consider the evidence in the light most favorable to the trial court’s ruling and disregard any contrary evidence and adverse inferences. … Officer Brown’s testimony indicates he reasonably believed Ms. Latcher had common authority to give the police consent to enter the home, thus his warrantless entry did not violate Defendant’s Fourth Amendment rights. We find there was sufficient evidence to support the trial court’s ruling.\u201d State v. Davis<\/a>, 2016 Mo. App. LEXIS 1245 (Dec. 6, 2016).<\/p>\n

It was objectively reasonable to stop defendant\u2019s vehicle because of logo covers on the taillights that obscured their visibility. Defendant was found under the influence. State v. Massey<\/a>, 2016 MT 316, 2016 Mont. LEXIS 1011 (Dec. 6, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"

It was objectively reasonable for the officer to believe the officer\u2019s testimony that the officers had apparent authority to enter the basement area where defendant was staying. \u201cDefendant argues on appeal that Ms. Latcher did not reside in the home … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[30,35],"tags":[],"class_list":["post-24751","post","type-post","status-publish","format-standard","hentry","category-apparent-authority-2","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/24751","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\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=24751"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/24751\/revisions"}],"predecessor-version":[{"id":24752,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/24751\/revisions\/24752"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=24751"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=24751"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=24751"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}