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W.D.Mo.: Objection to search of room would have shown more individual control

By John Wesley Hall, Jr.

Owner of premises had apparent authority to consent to a search of all rooms. Defendant was present and did not object to the search of his room to show that he had separate control. United States v. Radillo, 2011 U.S. Dist. LEXIS 22751 (W.D. Mo. January 19, 2011)*: The Court finds that Anjanette Lewis had apparent, if not actual, authority over the entire residence. The officers had been told by Anjanette Lewis that she was the owner of the residence. ... Anjanette Lewis signed a Consent to Search the “residence.” ... “The typical reasonable person would have understood this to mean every room, the sum of which is the house [i.e. the residence].” United States v. Fleck, 413 F.3d 883, 892 (8th Cir. 2005). The only other person who claimed to live at the residence, Monica Lewis, gave the officers verbal consent to search...continue to full post

Full post as published by Fourth Amendment on March 12, 2011 (boomark / email).