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D.N.M.: Stepfather lacked actual authority to consent, but had apparent authority

By John Wesley Hall, Jr.

Defendant’s stepfather lacked actual authority to consent to a search of adult defendant’s room, but he had apparent authority as far as the officers were concerned. The Tenth Circuit would find he lacked actual authority, but that is not the determinative question. United States v. Romero, 2010 U.S. Dist. LEXIS 91598 (D. N.M. August 20, 2010)* [One has to admire Judge Browning's industriousness and completeness, but a 157 page opinion here was not necessary. (I judged a moot court with him about ten years ago in Santa Fe.)] Defendant was on the parking lot of an apartment complex known for its violence and gang related activities. That alone would not be enough for an investigative stop, but the officer had knowledge that defendant had a record of violence and was in La Primera gang, one known for its violence...continue to full post

Full post as published by Fourth Amendment on September 05, 2010 (boomark / email).