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GA: No apparent authority of wife in locked gun cabinet where husband had only key

By John Wesley Hall, Jr.

It was not reasonable to conclude that defendant’s wife had apparent authority to enter his locked gun cabinet where defendant had the only key, and she had never been in it. State v. Parrish, 2010 Ga. App. LEXIS 248 (March 16, 2010). Based on the trial court’s finding that the defendant did not feel restrained, the court of appeals (People v. Oliver, 387 Ill. App. 3d 1045, 901 N.E.2d 482, 327 Ill. Dec. 154 (2009)) erred in reversing the finding that defendant did not consent to the further search of his car. He had already consented to the search of the interior. The trial court’s finding of consent is affirmed. People v. Oliver, 2010 Ill. LEXIS 281 (March 18, 2010).* The Arizona Court of Appeals was bound by statute to follow the federal constitution on application of the exclusionary rule to a no-knock violation...continue to full post

Full post as published by Fourth Amendment on March 20, 2010 (boomark / email).