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E.D.Pa.: Parolee's positive UA justified home search

By John Wesley Hall, Jr.

Positive UA of a parolee justifies a home search for drugs. United States v. Randle, 2009 U.S. Dist. LEXIS 64490 (E.D. Pa. July 24, 2009). Defendant's live-in girlfriend of three months had apparent authority to consent to a search of the premises which included taking defendant's computer after she found child porn in the house. She essentially had unrestrained access. Even if she lacked actual authority, she had apparent authority. United States v. Nichols, 2009 U.S. App. LEXIS 16724 (8th Cir. July 29, 2009): Additionally, we note that even had M.L. lacked common authority, her consent was still effective because police officers had reason to believe she had common authority. A search is justified without a warrant where officers reasonably rely on the consent of a third party who demonstrates apparent authority to authorize the search, even if the third party lacks common authority...continue to full post

Full post as published by Fourth Amendment on July 31, 2009 (boomark / email).