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D.Kan.: Overnight babysitter had apparent aurthority to permit police entry

By John Wesley Hall, Jr.

An adult in charge of children in the house had the authority to permit the police to at least enter the premises. Her contradictory testimony about the police entry and what she understood was rejected. United States v. Geartz, 2009 U.S. Dist. LEXIS 59663 (D. Kan. July 13, 2009): She either had been or was going to be the sole responsible adult in a house with children for a significant period of time because she suggested that the regular occupants of the house had gone to Kansas City. This suggests that she had broad access, at the very least, to the children's room and the common areas of the residence. When she left the house, she took the children with her, indicating that she had wide responsibilities and trust as a caretaker. Finally, Ms...continue to full post

Full post as published by Fourth Amendment on July 16, 2009 (boomark / email).