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CA7: Repossessor had apparent authority to consent to a search of the car to be repossessed

By John Wesley Hall, Jr.

A repossessor of a car has apparent authority to consent to a search of the car he is repossessing. The question is not whether the repossession is legal; rather, it is whether it was reasonable for the officer to believe that it was. Also, defendant who denied ownership of car before search was held to have no standing to challenge it search. He was a mere passenger anyway. United States v. Alexander, 2009 U.S. App. LEXIS 16084 (7th Cir. July 21, 2009): Alexander argues that the officers' reliance on Bowman's consent was unreasonable because the repossession violated state law. Wisconsin law authorizes a merchant to repossess collateral provided that the merchant does not commit a breach of the peace. Wis. Stat. Ann. § 425.206(2)(a)...continue to full post

Full post as published by Fourth Amendment on July 24, 2009 (boomark / email).