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Apparent authority to consent to search of defendant's guest room was valid becuase there were no limitations on access

By John Wesley Hall, Jr.

Defendant's host had the apparent authority to consent to a search of the place where defendant slept because there were no locks on the door and the host's kids' stuff was in there, too. Gado v. State, 2008 Ind. App. LEXIS 557 (March 24, 2008).* Motion to suppress was properly granted because there appeared to be no legal basis for defendant's stop by the officer, as confirmed to the trial court by the videotape of the stop. State v. Rager, 2008 Ind. App. LEXIS 555 (March 24, 2008).* Indiana's requirement that an affidavit be filed with the court is satisfied by delivery to the judge. Scott v. State, 2008 Ind. App. LEXIS 558 (March 24, 2008)*: It is clear to us, however, that Deputy Saltzman delivered the affidavit "to the proper officer for the purpose of being kept on file by him in the proper place[,]" even if it was delayed in reaching that proper place...continue to full post

Full post as published by Fourth Amendment on March 28, 2008 (boomark / email).