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Seventh Circuit: Woman Answering Door of Suspect’s Residence Wearing Bathrobe Does Not Constitute Apparent Authority to Consent to Search
by Chad Marks
The U.S. Court of Appeals for the Seventh Circuit asked itself an interesting question, viz.: “Is it reasonable for officers to assume that a woman who answers the door in a bathrobe has authority to consent to a search of a male suspect’s residence?” The Court ...
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More from this issue:
- News in Brief
- St. Louis Ordered to Stop Holding Detainees Simply Because They Can’t Afford Bail, by Kevin Bliss
- Debunked Shaken-Baby Syndrome Leads to Reduced Sentence, by Anthony Accurso
- Video Bail Hearings Violate Rights in Many Ways, by Edward Lyon
- Chicago Fingerprint Unit Flawed, Under Scrutiny, by Bill Barton
- Seventh Circuit Rules Failure to Issue Summons or Warrant Means Supervised Release Not Tolled While Merely in Custody, by Anthony Accurso
- Private Companies Use DNA Profiles to Snitch on Customers and Their Families, by Douglas Ankney
- California Losing Millions in Civil Asset Forfeiture Funds as Law Aims to Curb Police Abuse
- Second Circuit Holds NY Sodomy Not ‘Prior Sex Conviction’ for Purposes of Federal Statute Mandating Life Sentence for Repeat Sex Offenders, by Dale Chappell
- Groundbreaking Empirical Study of Expungement Released, by Bill Barton
- Sixth Circuit Announces § 2244(B)(1) Doesn’t Apply to Successive § 2255 Petitions and Rules That If the District Court Relied on Residual Clause of ACCA When Determining Prior Conviction Qualified as Predicate Felony, Then Sentence Cannot Stand, by Douglas Ankney
- Florida Supreme Court Holds Sentencing Statute That Allows Judge to Determine Dangerousness Triggering Upward Depar-ture of Maximum Sentence Unconstitutional, by Dale Chappell
- Minnesota Supreme Court Clarifies That State Has Burden to Prove Competency to Stand Trial, by Dale Chappell
- Will Police Recruitment Crisis Prompt Change in Behavior?, by Douglas Ankney
- Houston Police Cover up Crime Scene With Poor Investigation Techniques, by Kevin Bliss
- Colorado Supreme Court Announces Sniff by Drug Dog Trained to Detect Marijuana Now Constitutes a ‘Search’ Requiring Probable Cause, by Dale Chappell
- Tennessee Supreme Court Holds Judge Lacks Authority to Sign Search Warrant for Property Outside Court’s Jurisdiction, by Dale Chappell
- Another Study Shows There’s No ‘War on Police’, by Bill Barton
- 7th Circuit Instructs District Court to Grant Federal Prisoner’s Habeas Based on § 2255(e) Savings Clause, by Douglas Ankney
- Qualified Immunity: Explained, by Emily Clark, Amir H. Ali
- Massive Outing of Nationwide Instances of Police Misconduct Revealed, by Edward Lyon
- Massachusetts Supreme Judicial Court Explains Procedures of G. L. c. 278A and Rules That a Claim of Self-Defense Is a Claim of Factual Innocence, by Douglas Ankney
- Vermont Supreme Court Rules DUI Breath Test Subject to Voluntariness Challenge Despite Implied Consent Law, by Mark Wilson
- California Court of Appeal Announces Defendant Convicted of Felony Accessory Is Eligible for Resentencing Under Proposition 64, by Douglas Ankney
- California Supreme Court Reverses Attempted Murder and Explains Elements Required For Kill Zone Theory Instruction, by Anthony Accurso
- Oregon Supreme Court Holds ‘Attempt’ Requires Intent to Personally Participate in the Crime, by Dale Chappell
- $13.1 Million Settlement Reached by Actor Framed for Murder, by Douglas Ankney
- BOP Finally Implements First Step Act, Officially Releases 3,100 Prisoners Under ‘Good Conduct Time’, by Dale Chappell
- Colorado Supreme Court Announces That the People Cannot Withdraw From a Plea Agreement After the Trial Court Rejects Stipulated Sentence, by Douglas Ankney
- NYU Study Shows ‘Predictive Policing Systems’ Promote Bad Data, Bad Policing, by Dale Chappell
- SCOTUS: SOL Governing § 1983 Claim Asserting Fabrication of Evidence Begins to Run on Date Criminal Proceedings Are Terminated in Complainant’s Favor, by Douglas Ankney
- Indiana Supreme Court Reduces 30-Year Prison Sentence to 23-Year Community Corrections Placement in Rare Case, by Chad Marks
- New Jersey Supreme Court: Prosecution May Appeal Drug Court Sentence Only When Sentence Is Illegal, by Douglas Ankney
- Sixth Circuit: Prosecutor’s Numerous Improper Comments Constitute Flagrant Misconduct Depriving Defendants of a Fair Trial, by Anthony Accurso
- Fourth Circuit Reverses Lower Court for Giving Dispositive Weight to Plea Agreement Language Rather Than Fact-Based Evaluation of Weight of Evidence in IAC Claim, by David M. Reutter
- Taking Notes Influences Jurors’ Verdicts, by Douglas Ankney
- Colorado Supreme Court Announces That Claims of Insufficient Evidence Not Preserved at Trial Are Subject to De Novo Review on Appeal, by Douglas Ankney
- Refusing to Permit Attorney to Make Offer of Proof Is Abuse of Discretion, Says Indiana Supreme Court, by Douglas Ankney
- Change to New York Misdemeanor Definition May Benefit Non-Citizens, by Michael Berk
- Montana Supreme Court Rules Leaving a Brewery Doesn’t Provide Particularized Suspicion of DUI, by Anthony Accurso
- Massachusetts Supreme Court Holds Statute Requiring GPS Monitoring of Probationers Convicted of Sex Offenses Unconstitutional ‘as Applied’, by Douglas Ankney
- Oregon Supreme Court: Claim Based on New Rule of Constitutional Law Cognizable in Untimely Oregon PCR Action, by Mark Wilson
- Virtual Imprisonment as Big Brother Interactively Listens From Cradle to School to Prison to Parole to Grave, by Edward Lyon
- Column: Obtaining Relief Under 'Davis' in the Wake of 'Johnson', by Dale Chappell
- Seventh Circuit: Woman Answering Door of Suspect’s Residence Wearing Bathrobe Does Not Constitute Apparent Authority to Consent to Search, by Chad Marks
- The Role of Police Misconduct in Wrongful Convictions, by Matthew Clarke
More from Chad Marks:
- Use of Solitary Confinement During Pandemic Detrimental To Prisoners and Not Slowing Spread of COVID-19, May 1, 2021
- COVID-19 Inspired Ban on Prison Visits in Texas Ends, April 1, 2021
- Sequel: Three Additional Federal Executions Before Trump Left Office, March 1, 2021
- Connecticut: Summary Judgment Denied in Deliberate Indifference Case Where Facial Lesion Turned Out To Be Skin Cancer, Nov. 1, 2020
- Ford Foundation President’s Support to Replace Rikers With Other Jails Criticized, Oct. 1, 2020
- Wisconsin: Court Dismisses Prisoners’ Suit Over Asbestos, Mold on Procedural Grounds, Sept. 1, 2020
- New Jersey: Commission Recommends State Take 100 Steps to Improve Re-Entry for Ex-Prisoners, Sept. 1, 2020
- New York: Prisoner Kills Himself After Brutal Beating by Guards, Aug. 1, 2020
- Jury Award $700,000 to Maryland Prisoner Assaulted by Guards, Aug. 1, 2020
- Is the Death Penalty Slowly Dying Across the Nation?, June 15, 2020
More from these topics:
- Seventh Circuit Rejects Retaliation Claim Based on Suspicious Timing Alone, Oct. 4, 2020. Retaliation, Searches, Failure to Protect (General), First Amendment, rights.
- Massachusetts Supreme Judicial Court: When Exit Order is Unlawful, Evidence Obtained from Subsequent Search Must be Suppressed, Feb. 18, 2020. Searches.
- California Court of Appeal: Electronics Searching Condition Struck in Mandatory Supervision Case, Feb. 18, 2020. Searches.
- First Circuit Vacates Conviction Because Sister had Neither Actual nor Apparent Authority to Consent to Search of Brother’s Bags, Jan. 21, 2020. Searches, Fourth Amendment, rights.
- Idaho Supreme Court: Where Police Were Unaware of Probationer’s Fourth Amendment Waiver Until After Unreasonable Search, Waiver Won’t Make Search Reasonable, Jan. 21, 2020. Searches, Police, Fourth Amendment, rights.
- Georgia Supreme Court: Warrantless Search of Vehicle’s Airbag Control Module is Unconstitutional, Dec. 18, 2019. Misconduct/Corruption, Police Misconduct, Searches, Police Searches.
- New York City Cops Can Always Tell by Just the Smell, Nov. 18, 2019. Police Searches, Police.
- California Supreme Court: Where Electronics Search Condition of Probation Is Not Reasonably Related to Future Criminality, Condition Is Invalid, Nov. 18, 2019. Searches.
- Alaska State Supreme Court Rules Due Process Afforded to Prisoners Seeking Laundry Job Reinstatement, Oct. 28, 2019. Searches, Money/Property, Fair Labor Standards Act, 42 U.S. Code § 1983, civil action for deprivation of rights.
- Failure to Identify Specific Evidence Sought in Telephone Search Violates Oregon Constitution, Oct. 19, 2019. Searches, Telephone Access, Police, Traffic stop.