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OH6: Person with authority to feed the cat has no apparent authority to consent

By John Wesley Hall, Jr.

The person with authority to enter defendant’s house to feed defendant’s cat on only three days obviously had no apparent common authority to consent to a search of the house. State v. Huntington, 2010 Ohio 3922, 2010 Ohio App. LEXIS 3324 (6th Dist. August 20, 2010).* A hotel security guard’s report to the police that defendant had a gun on him was justification for a patdown. United States v. Montague, 2010 U.S. Dist. LEXIS 86179 (S.D. Fla. July 27, 2010).* The officers had no reasonable suspicion for this stop, admittedly based on a hunch. United States v. Marcelino, 2010 U.S. Dist. LEXIS 86411 (N.D. Ga. July 19, 2010)*: The Government argues that the agents had the requisite reasonable suspicion to justify a Terry stop of the defendant based on three factors: (1) the officers were patrolling a well-known, high crime gang area; (2) the defendant was wearing loose, baggy clothing in colors that indicated gang membership; and (3) when the agents approached them, the two men immediately walked away and, when spoken to a second time by the agents, continued to walk away, this time even faster...continue to full post

Full post as published by Fourth Amendment on August 26, 2010 (boomark / email).