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S.D.N.Y.: Co-conspirator in a drug trafficking ring had apparent authority to consent to search of hotel room he was staying in but did not rent

By John Wesley Hall, Jr.

A hotel guest with the defendant had apparent authority to consent to a search of the room that they were in as a part of a conspiracy to import 100,000 ecstasy pills. In addition, under the S.D. N.Y.’s practice rule to provide an affidavit of facts in dispute it is the defendant’s burden to show a fact dispute to get an evidentiary hearing. Without the fact dispute, the court does not have to have a hearing. United States v. Cicuto, 2010 U.S. Dist. LEXIS 79674 (S.D. N.Y. August 6, 2010): But since a third party's authority to consent to a search does not turn on “technical property interest[s],” Randolph, 547 U.S. at 110, whether or not Mannu was registered with the hotel as a guest staying in Room 233 is nearly irrelevant...continue to full post

Full post as published by Fourth Amendment on August 11, 2010 (boomark / email).