{"id":4966,"date":"2012-11-22T11:49:22","date_gmt":"2010-12-06T06:44:38","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-12-06T06:44:38","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=4966","title":{"rendered":"ND: Entry and search was based on apparent authority, and it ended when it was found the consenter probably lacked apparent authority; the view up to then was valid"},"content":{"rendered":"

Officer had a reasonable belief at the time he entered a house to investigate an allegation of sex with a child that the mother was in control of the house and she had apparent authority to consent. When the officer got to an office in the basement, he first saw pornography and a computer, and then saw a utility bill in defendant\u2019s name, so he concluded that defendant was the owner and left the room. At that point, he was informed that the room was \u201coff limits\u201d to the consenter and her family. The belief in common authority and view up to that point was reasonable. State v. Huether<\/a>, 2010 ND 233, 790 N.W.2d 901 (2010).*<\/p>\n

The officer\u2019s direction to defendant to roll down the window of his car was found by the trial court to be a request and not an order. Defendant was on his cell phone and testified that he interpreted it as an order to get off the phone and talk to the officer. The officer also requested defendant to turn down the radio. This was not an order. State v. Steffes<\/a>, 2010 ND 232, 791 N.W.2d 633 (2010).*<\/p>\n

Defense counsel was not ineffective for not raising a state constitutional challenge to a search that was essentially already foreclosed. Jones v. State<\/a>, 2010 Ark. 470, 2010 Ark. LEXIS 573 (December 2, 2010).*<\/p>\n

Defendant was being followed by the police after a CI said he was in defendant\u2019s car when defendant sold crack. Defendant made turns to see if the officer was going to stop him, and finally pulled into a yard and parked. The officer parked behind him and got out to talk to him. Defendant consented to a search of his person, and then got combative. A vial of crack fell to the ground and it was validly seized. Franklin v. State<\/a>, 2010 Ark. App. 792, 378 S.W.3d 296 (2010).*<\/p>\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-4966","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4966","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=4966"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4966\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4966"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4966"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4966"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}