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Two cases on "apparent authority" to consent

By John Wesley Hall, Jr.

There was no apparent authority to consent to search of the other half of a mobile home that was divided by a wall with a separate door. There was no common authority, and that was what was apparent. State v. Kuhnhausen, 2008 Ga. App. LEXIS 126 (February 4, 2008).* The officers reasonably believed in apparent authority of occupants to consent to a search of a separate bedroom on the premises. The trial court found the situation "confusing" as to who had what authority and the officers could not rely on it. The appellate court disagreed because everybody was in the living room, and they agreed that consent would be given to search the bedroom, so the officers acted reasonably in believing there was apparent authority. State v. Boland, 2008 Ohio 353, 2008 Ohio App...continue to full post

Full post as published by Fourth Amendment on February 05, 2008 (boomark / email).