{"id":30633,"date":"2017-12-12T00:00:11","date_gmt":"2017-12-12T05:00:11","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=30633"},"modified":"2017-12-09T16:02:51","modified_gmt":"2017-12-09T21:02:51","slug":"ca5-defs-girlfriend-has-actual-authority-to-consent-to-a-search-even-though-she-was-moving-out","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=30633","title":{"rendered":"CA5: Def&#8217;s girlfriend has actual authority to consent to a search even though she was moving out"},"content":{"rendered":"<p>\u201cValenzuela had actual authority to consent to the search, or at the very least, the officer had a reasonable belief she had common authority over the residence. E.g., United States v. Matlock, &#8230;; see also Illinois v. Rodriguez, &#8230;. Valenzuela called officers to the scene to help retrieve her belongings from inside the home. One of the officers was familiar with Valenzuela&#8217;s living situation because he had been called to the residence in the past. He also knew she was Cano&#8217;s girlfriend, and that she stored belongings in the house. Viewing this evidence in the light most favorable to the Government, the officers had a reasonable belief Valenzuela had common authority over the residence and was, therefore, able to consent to their entry.\u201d <a href=\"http:\/\/www.ca5.uscourts.gov\/opinions\/unpub\/17\/17-50131.0.pdf\">United States v. Cano<\/a>, 2017 U.S. App. LEXIS 24654 (5th Cir. Dec. 6, 2017).<\/p>\n<p>Defendant was stopped for a traffic offense and left the door open, and a gun was visible in plain view. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/2\/2017\/2017-Ohio-8910.pdf\">State v. King<\/a>, 2017-Ohio-8910, 2017 Ohio App. LEXIS 5333 (2d Dist. Dec. 8, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cValenzuela had actual authority to consent to the search, or at the very least, the officer had a reasonable belief she had common authority over the residence. E.g., United States v. Matlock, &#8230;; see also Illinois v. Rodriguez, &#8230;. Valenzuela &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=30633\">Continue reading <span class=\"meta-nav\">&rarr;<\/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":[30,51],"tags":[],"class_list":["post-30633","post","type-post","status-publish","format-standard","hentry","category-apparent-authority-2","category-plain-view"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30633","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=30633"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30633\/revisions"}],"predecessor-version":[{"id":30634,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30633\/revisions\/30634"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=30633"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=30633"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=30633"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}