{"id":56713,"date":"2023-12-30T00:00:00","date_gmt":"2023-12-30T05:00:00","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=56713"},"modified":"2023-12-31T08:01:45","modified_gmt":"2023-12-31T13:01:45","slug":"wy-defs-gf-showed-apparent-authority-to-enter-their-apartment-after-domestic-dispute-illinois-v-rodriguez-redux","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=56713","title":{"rendered":"WY: Def&#8217;s girlfriend showed apparent authority to enter their apartment after domestic dispute; <em>Illinois v. Rodriguez<\/em> redux"},"content":{"rendered":"\n<p>Officer\u2019s reasonably relied on defendant\u2019s girlfriend\u2019s apparent authority to enter his apartment. She called 911 about what she described as a domestic assault where he struck her face. When police arrived, she was outside the apartment sitting on the stairs. The first officer asked if the person who assaulted her was inside. She opened the door and let them in. This was a showing of apparent authority under Illinois v. Rodriguez. The court noted exigent circumstances wasn\u2019t asserted by the state. <a href=\"https:\/\/documents.courts.state.wy.us\/Opinions\/Alexander%20v.%20State%20S-23-0034.pdf\">Alexander v. State<\/a>, 2023 WY 127, 2023 Wyo. LEXIS 129 (Dec. 28, 2023).<\/p>\n\n\n\n<p>The citizen informant here was identified, provided sufficient detail, and didn\u2019t need to be further corroborated. State v. Rowland, 2023-Ohio-4806 (7th Dist. Dec. 28, 2023).*<\/p>\n\n\n\n<p>The officer\u2019s preliminary examination testimony alone shows that the inventory here was reasonable and in accord with department policy. Therefore, there was no ineffective assistance of counsel for failure to challenge it. People v. Pokriefka, 2023 Mich. App. LEXIS 9583 (Dec. 28, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Officer\u2019s reasonably relied on defendant\u2019s girlfriend\u2019s apparent authority to enter his apartment. She called 911 about what she described as a domestic assault where he struck her face. When police arrived, she was outside the apartment sitting on the stairs. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=56713\">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":[30,66,44,39],"tags":[],"class_list":["post-56713","post","type-post","status-publish","format-standard","hentry","category-apparent-authority-2","category-burden-of-proof","category-informant-hearsay","category-inventory"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56713","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=56713"}],"version-history":[{"count":4,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56713\/revisions"}],"predecessor-version":[{"id":56722,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56713\/revisions\/56722"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56713"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56713"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56713"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}