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Apparently authority does not require confirmation first

By John Wesley Hall, Jr.

Apparent authority is just that: it is what it seems to be, and there is no duty on the police to confirm apparent authority. United States v. Pender, 2008 U.S. App. LEXIS 534 (4th Cir. January 11, 2008) (unpublished). Knock and talk about a grow operation brought officers to defendant's house and a consent to enter was granted. Once inside, they saw evidence of the grow operation and wires leading into a closet, which suggested evidence of the grow or other drug activity. Instead, obvious evidence of credit card fraud (multiple credit card blanks and a machine for making numbers and names) was found. The search was within the consent granted. United States v. Susini, 2008 U.S. App. LEXIS 584 (11th Cir. January 9, 2008)* (unpublished). Patdown and look at cellphone might have violated Terry, but the entire matter was valid under inevitable discovery because, since defendant was an illegal, he would have been fully searched anyway...continue to full post

Full post as published by Fourth Amendment on January 14, 2008 (boomark / email).