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Mistake of fact as to abandonment did not permit search of defendant's belongings on eviction

By John Wesley Hall, Jr.

Defendant did not abandon apartment just because he was behind in rent and was sleeping elsewhere because his stuff was still there. Officers reasonably believed, with a mistake of fact and not of law, that the landlord with a judgment of eviction could consent to a seizure of his belongings, but not a search of the computer. Obtaining a search warrant for defendant's computer for child porn purged any taint. United States v. Barefoot, 2008 U.S. Dist. LEXIS 59797 (W.D. Pa. August 5, 2008): 12. The Court finds that Detectives Matthews and Mayer reasonably believed that Beley had apparent authority to consent to their search of defendant's apartment and their seizure of his computer and related equipment. Any mistake made by the detectives as to whether defendant had vacated the apartment was a mistake of fact, not one of law...continue to full post

Full post as published by Fourth Amendment on August 09, 2008 (boomark / email).