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TX13: 14 year old visitor had no apparent authority and officer did not inquire

By John Wesley Hall, Jr.

Officer lacked any reasonable belief that a 14 year old at the house, who was a mere visitor, had apparent authority to consent to an entry and search. Limon v. State, 2010 Tex. App. LEXIS 4565 (Tex. App. Corpus Christi & Edinburg June 17, 2010): First, mere presence at a residence is insufficient to support a reasonable belief that the person has authority to consent to a search. The State must present more evidence than mere presence to support a finding of apparent authority. See, e.g., United States v. Cos, 498 F.3d 1115, 1129 (10th Cir. 2007); Riordan v. State, 905 S.W.2d 765, 772 (Tex. App.-Austin 1995, no pet.) (holding that mere presence and relationship to defendant does not justify conclusion that person has apparent authority)...continue to full post

Full post as published by Fourth Amendment on June 20, 2010 (boomark / email).