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CA7: Possessor of a computer bag had apparent authority to consent to its search

By John Wesley Hall, Jr.

A third party in possession of a computer case that had been passed her by the defendant had apparent authority to consent to its search. There was nothing to give the officers notice that the person in a possession had only limited authority over the computer bag. United States v. Jackson, 2010 U.S. App. LEXIS 5278 (7th Cir. March 12, 2010).* Any appeal here of the trial court’s findings on reasonable suspicion would be frivolous under Anders. The findings of fact had support in the record. United States v. Gellinger, 2010 U.S. App. LEXIS 5286 (7th Cir. March 12, 2010) (unpublished).* A Franks hearing was not required where the defendant could not show that the omitted information would have changed the probable cause finding. The statements of two witnesses in the affidavit also corroborated each other and showed probable cause...continue to full post

Full post as published by Fourth Amendment on March 16, 2010 (boomark / email).