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Interloper's false assertion of authority over duffle bag was sufficient for apparent authority

By John Wesley Hall, Jr.

One person's assertion of control over a duffle bag created apparent authority to search it, even though they didn't have authority. United States v. Purcell, 2008 U.S. App. LEXIS 11398, 2008 FED App. 0202P (6th Cir. May 29, 2008): In the case at hand, when the agents began their search of the luggage in the hotel room, they had a good-faith basis to believe that Crist had authority to consent. Crist asserted that the duffel bag that yielded the marijuana was hers, and her purse was sitting on top of the duffel bag. Crist's statements created apparent authority for the officers, and their search of the duffel bag was justified because they acted in good-faith reliance upon Crist's assertions. Purcell acknowledges in his brief that the officers reasonably relied upon Crist's assertion of authority over the duffel bag...continue to full post

Full post as published by Fourth Amendment on May 30, 2008 (boomark / email).