{"id":56518,"date":"2023-12-12T15:56:57","date_gmt":"2023-12-12T20:56:57","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=56518"},"modified":"2023-12-12T17:22:24","modified_gmt":"2023-12-12T22:22:24","slug":"ca8-minor-child-could-consent-to-search-and-seizure-of-camera-hidden-in-her-bathroom","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=56518","title":{"rendered":"CA8: Minor child could consent to search and seizure of camera hidden in her bathroom"},"content":{"rendered":"\n<p>This court rejects the notion that a minor never has the apparent authority to consent to a search, here of a camera in the house. The minor was defendant\u2019s 14-year-old daughter, and defendant and the mother had visitation. She found the camera in her bathroom, and she could consent to the police looking at it. <a href=\"http:\/\/media.ca8.uscourts.gov\/opndir\/23\/12\/223092P.pdf\">United States v. Bermel<\/a>, 2023 U.S. App. LEXIS 32720 (8th Cir. Dec. 12, 2023).<\/p>\n\n\n\n<p>There is no violation of the implied license or consent to enter where defendant permitted a CI into his motel room and the CI surreptitiously video recorded the interaction. <a href=\"https:\/\/cdn.ca9.uscourts.gov\/datastore\/opinions\/2023\/12\/12\/22-50170.pdf\">United States v. Esqueda<\/a>, 2023 U.S. App. LEXIS 32738 (9th Cir. Dec. 12, 2023). (This is so settled, albeit here exceeding the scope of consent that it\u2019s surprising this is for publication.)<\/p>\n\n\n\n<p>\u201cThe district court concluded that the Defendant Officers had arguable probable cause to arrest Mercedes under New York Mental Hygiene Law (\u2018NY MHL\u2019) \u00a7 9.41. We do not reach that issue, as we conclude that there was arguable probable cause to arrest under New York Penal Law (\u2018NYPL\u2019) \u00a7 240.26(1).\u201d Mercedes v. City of N.Y., 2023 U.S. App. LEXIS 32725 (2d Cir. Dec. 12, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>This court rejects the notion that a minor never has the apparent authority to consent to a search, here of a camera in the house. The minor was defendant\u2019s 14-year-old daughter, and defendant and the mother had visitation. She found &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=56518\">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":[30,24,40],"tags":[],"class_list":["post-56518","post","type-post","status-publish","format-standard","hentry","category-apparent-authority-2","category-consent","category-qualified-immunity"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56518","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=56518"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56518\/revisions"}],"predecessor-version":[{"id":56521,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56518\/revisions\/56521"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56518"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56518"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56518"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}