The woman who consented here testified that she did not have authority to consent, but was impeached with statements at the time of the search that she lived there and had a key. The court finds that she had actual authority, and, alternatively, apparent authority as far as the officers could ascertain at the time of the search. United States v. Brandon, 2012 U.S. Dist. LEXIS 182091 (E.D. Ill. December 27, 2012).<\/p>\n
The officer’s failure to tell the judge issuing the search warrant that he had a medical marijuana authorization under Michigan law was not a false statement or omission under Franks because it was still a crime to cultivate marijuana in Michigan (see People v. Brown<\/a>, No. 303371) and federal law. Probable cause was shown for the search warrant. United States v. Ellis, 910 F. Supp. 2d 1008 (W.D. Mich. 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":" b2evALnk.b2WPAutP Continue reading