{"id":44192,"date":"2020-06-19T09:02:42","date_gmt":"2020-06-19T14:02:42","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=44192"},"modified":"2020-06-19T10:36:16","modified_gmt":"2020-06-19T15:36:16","slug":"or-apparent-authority-to-consent-to-search-of-contents-of-car-here-limited-to-his-own-stuff","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=44192","title":{"rendered":"OR: Apparent authority to consent to search of contents of car here limited to his own stuff"},"content":{"rendered":"\n<p>There were two people in a van and a consent search was sought; the police needed to make sure that one didn\u2019t consent to search of property under control of the other. \u201cAs a matter of law, actual authority over a personal item requires \u2018permission or acquiescence\u2019 by the defendant for the third party to exercise control over that personal item. Fuller, 158 Ore. App. at 507. That is, there must be evidence that the defendant at least knew that the third party was exercising control over the defendant&#8217;s personal property and that the defendant did not object to the third party exercising control over the defendant&#8217;s personal property. See id. at 507 (concluding that there was \u2018no evidence that defendant knew that [defendant&#8217;s girlfriend] was getting into his nightstand, much less that he explicitly authorized or even implicitly acquiesced in that conduct\u2019 (emphasis added)).\u201d <a href=\"https:\/\/cdm17027.contentdm.oclc.org\/ui\/custom\/default\/collection\/coll_p17027coll3\/resources\/custompages\/OJDRedirect.html?collection=p17027coll5&amp;identifier=A165679.pdf\">State v. Solorio<\/a>, 304 Ore. App. 666 (June 17, 2020).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>There were two people in a van and a consent search was sought; the police needed to make sure that one didn\u2019t consent to search of property under control of the other. \u201cAs a matter of law, actual authority over &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=44192\">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":[30,59],"tags":[],"class_list":["post-44192","post","type-post","status-publish","format-standard","hentry","category-apparent-authority-2","category-scope-of-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44192","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=44192"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44192\/revisions"}],"predecessor-version":[{"id":44197,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44192\/revisions\/44197"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=44192"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=44192"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=44192"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}