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CA2: Locked out girlfriend could still consent to an entry

By John Wesley Hall, Jr.

Defendant locked his girlfriend out of their place and took her key, but her stuff was inside. She still had apparent authority to consent to search. United States v. McGee, 2009 U.S. App. LEXIS 8698 (2d Cir. April 24, 2009). Smell of marijuana alone, without a showing that the officer is trained to recognize it, is not probable cause. State v. Birdsong, 2009 Ohio 1859, 2009 Ohio App. LEXIS 1576 (5th Dist. April 20, 2009). Police had information that defendant probationer had a machine gun, and that justified a probation search. Townes v. State, 2009 Tex. App. LEXIS 2727 (Tex. App. — San Antonio April 22, 2009).* In the L.A. skid row Terry stop case, the plaintiffs' attorneys were awarded attorney's fees. Fitzgerald v. City of Los Angeles, 2009 U...continue to full post

Full post as published by Fourth Amendment on April 29, 2009 (boomark / email).