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CA6: Defendant objected to wife's ability to consent, and the police had to honor his objection; suppressed

By John Wesley Hall, Jr.

Defendant and his wife got into a domestic dispute, and she called the police to tell them about his illegal firearms. They came to the scene and she consented to the search. He was there and vociferously objected. The police searched anyway. The search violated Randolph. Moreover, the defendant’s objections put the police on notice that she probably did not have apparent authority to consent. United States v. Tatman, 2010 U.S. App. LEXIS 19220, 2010 FED App. 0604N (6th Cir. September 13, 2010) (unpublished).* The central argument here was whether there was a conditional plea or not. There was a letter defense counsel had that was not in the file and the USAO could not corroborate that talked about reserving the search issue for appeal...continue to full post

Full post as published by Fourth Amendment on September 18, 2010 (boomark / email).