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CA8: Defendant's wife had apparent authority to consent to search of a gun safe she had access to although he had the key on him

By John Wesley Hall, Jr.

Defendant’s wife consented to a search of a gun safe that she did not have the key to (the key was on defendant’s person), but which she otherwise had apparent authority to enter. After her consent, the police retrieved the key from defendant’s pocket while he was locked in the back of the police car. The police also had no duty to ask him for consent under Randolph. United States v. Amratiel, 2010 U.S. App. LEXIS 21166 (8th Cir. October 14, 2010): Hibdon contends that the officers’ reliance on Ms. Hibdon’s apparent authority over the gun safe was unreasonable. Here, the available facts would “warrant a person of reasonable caution in the belief that the consenting party had authority over the [gun safe]...continue to full post

Full post as published by Fourth Amendment on October 15, 2010 (boomark / email).