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LA4: Police lacked reasonable belief in apparent authority of defendant's mother in jointly used hotel room

By John Wesley Hall, Jr.

Defendant was staying in a hotel room with his mother, and the police had no basis for concluding that she had apparent authority to consent to a search of the hotel room. All their information going in was that the defendant was in control and they had no information that gave her apparent authority. State v. Nicholas, 2010 La. App. LEXIS 1416 (4th Cir. October 20, 2010)*: Moreover, in marked contrast to Gettridge, Molette, and even Brown, the State presented no testimony indicating that Ms. Jones ever represented to Det. Stovall that she had the authority to consent to a search of her adult son's residence, which she happened to own. The only testimony was to the effect that she was asked to give consent and did so, not that the detective was in possession of any facts upon which he could rely to find that she had any authority...continue to full post

Full post as published by Fourth Amendment on October 28, 2010 (boomark / email).