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Ninth Circuit Announces Adoption of ‘Premises Rule’ for Co-Tenant Consent-to-Search Analysis, Holds Co-Tenant’s Consent Invalid Where Defendant Instructed Co-Tenant Not to Allow Police Entry in Their Presence
Loaded on May 15, 2024
by Sam Rutherford
published in Criminal Legal News
May, 2024, page 46
Filed under:
Consent,
Third-party Consent,
Consent Searches,
Third Party Consent.
Location:
California.
by Sam Rutherford
The U.S. Court of Appeals for the Ninth Circuit held that a defendant’s live-in girlfriend could not validly consent to police searching their shared residence where the defendant, who was detained nearby, yelled to her “Don’t let the cops in, and don’t talk to them.”
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More from this issue:
- Stinging Back: Resisting Government Surveillance of Cellphones, by Anthony Accurso
- Seventh Circuit Announces Safety Valve Relief Under § 3553(f) Is Narrower Than Guidelines Firearms Enhancement Under § 2D1.1(b)(1), District Court Erred by Conflating Them, by Douglas Ankney
- Cellular Roaming’s Inadequate Security, by Michael Thompson
- Tech Monopolies Prevent Effective Privacy Laws in the U.S., by Anthony Accurso
- California AB 2773 Requires Police to State Reason for Traffic Stops Before Questioning, by Jo Ellen Nott
- Fourth Circuit: Maryland’s First-Degree Assault Statute Is Indivisible so Conviction Is Not an ACCA Predicate for Sentencing Enhancement Purposes, by Douglas Ankney
- Report Finds Bad Forensic Evidence Leads to More Wrongful Convictions and Establishes Forensic Errors Typology, by Matthew Clarke
- Washington Supreme Court: Nonexceptional Consecutive Terms of ‘Community Custody’ May Not Exceed Aggregate Term of 24 Months, by Sam Rutherford
- SCOTUS: Reiterates Jury Verdict of Acquittal for Any Reason Bars Retrial Under Double Jeopardy Clause of Fifth Amendment, by Richard Resch
- FBI Visit to Oklahoma Woman in Response to Social Media Post Sparks Debate on Free Speech, by Jo Ellen Nott
- California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Evidentiary Hearing Under Felony Murder Resentencing Law, by David Reutter
- De-Identified Is Not Anonymous, by Michael Thompson
- The Police Have a Dark Money Slush Fund, by Katya Schwenk
- Police Body Cameras, A Decade Later, by Anthony Accurso
- Criminal Justice Reform Becoming a Corporate Priority, by David Reutter
- Tenth Circuit: Plea Not Knowing and Voluntary Where Plea Counsel Materially Misrepresented Defendant’s Right to Impartial Jury Selected Through Racially Nondiscriminatory Means, by Douglas Ankney
- More Facial Recognition Failures, by Michael Thompson
- California Supreme Court: Jury’s Finding of Intent to Kill for Gang Enhancement, Standing Alone, Insufficient to Find Prisoner Failed to State a Prima Facie Case in § 1172.6 Petition for Resentencing on First-Degree Murder Conviction, by Douglas Ankney
- Non-Toxic Fluorescent Spray Reveals Fingerprints in Seconds, by Douglas Ankney
- Use of Solitary Confinement on the Rise in ICE Facilities, by Anthony Accurso
- New York Court of Appeals: SORA Designation Violates Defendant’s Due Process Rights Where Crime Involved No Sexual Contact or Motivation and Defendant Was Not a Sex Offender and Posed No Risk of Sexual Threat, by Douglas Ankney
- New Data From BOP Reveals Technical Violations Account for Nearly a Third of First Step Act Recidivism, by Jo Ellen Nott
- Retraction: ‘Federal Habeas Corpus: The Savings Clause Remedy for Federal Prisoners’ by Dale Chappell
- The Death of the Savings Clause, by Dale Chappell
- First Circuit: Defendant’s Statement ‘I guess I’ll wait until I have a lawyer’ Is Unequivocal Invocation of Right to Counsel, by Sam Rutherford
- Facial Recognition’s Distorted View, by Michael Thompson
- Massachusetts Supreme Judicial Court Announces Defendants Under Age 21 Ineligible for LWOP Sentences, by Douglas Ankney
- New Jersey Supreme Court Announces Extension of Eyewitness Identification Safeguards of Henderson to Pretrial Preparation Sessions and Provides Framework for Showing Photos During Pretrial Phase, by Douglas Ankney
- Robotic Police Dogs Being Adopted Across the Country, by Michael Thompson
- Ninth Circuit Announces Adoption of ‘Premises Rule’ for Co-Tenant Consent-to-Search Analysis, Holds Co-Tenant’s Consent Invalid Where Defendant Instructed Co-Tenant Not to Allow Police Entry in Their Presence, by Sam Rutherford
- Sixth Circuit Announces Untimely Notice of Appeal That Provides Reason for Tardiness May Be Construed as Motion to Reopen, by Douglas Ankney
- Googling Your Privacy, by Michael Thompson
- News in Brief
More from Sam Rutherford:
- Ninth and Tenth Circuits Find Bivens Extension Orders Not Immediately Appealable, March 1, 2025
- New Mexico Corrections Department Continues Pattern of Abuse With Contract Medical Provider Wexford Health Sources, Feb. 15, 2025
- Hawai’i Supreme Court Reverses Murder Conviction for Prosecutorial Misconduct Based on Prosecution’s Improper Statements During Closing Arguments, Feb. 15, 2025
- Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty, Feb. 15, 2025
- Fourth Circuit Decision on Claim of Retaliation for Exercising First And Sixth Amendment Rights Highlights Police Corruption, Feb. 15, 2025
- Washington DOC Physician Assistant Surrenders Medical License in Wake of Malpractice Allegations, Feb. 15, 2025
- California Court of Appeal Announces Defendants May Obtain Brady Evidence From Police Officers’ Personnel Files in Advance of § 1172.6 Hearing Requesting Vacatur of Conviction and Resentencing for Certain Types of Murder Convictions, Feb. 15, 2025
- Massachusetts Supreme Court Vacates Threat-Based Conviction on First Amendment Grounds Because Jury Instructions Failed to Include Mens Rea Element Mandated by Counterman for ‘True-Threat’ Conviction, Feb. 15, 2025
- California Court of Appeal Announces Equal Protection Entitles Youth Offenders Convicted of Special Circumstances Murder Predicated on Robbery or Burglary to Franklin and Parole Hearings Under Cal. Penal Code § 3051, Feb. 15, 2025
- Law Enforcement Obscures Use of Facial Recognition Technology, Feb. 15, 2025
More from these topics:
- DEA and Police Use Pretense of Consent Searches to Effectively Steal Cash From Airport Travelers, March 15, 2024. Racial Profiling, Consent, False Inducement, Police/Govt Misconduct.
- Third Circuit: Defendant Not on Rental Agreement Had Reasonable Expectation of Privacy in Car Because He Had Dominion and Control of Car Where Renter Gave Keys to Him, He Was in Possession of Them Upon Arrest, and Car Parked Nearby, Feb. 15, 2024. Third-party Consent, Searches - Automobile, Rental; Cars, Privacy Right, Third Party Consent.
- Maryland Supreme Court Announces Expectation of Privacy Covers Electronic Data, Not Physical Devices, Thus War-rantless Search of Government’s Copy of Defendant’s Hard Drive After Consent Revoked Violated Fourth Amendment, Jan. 15, 2024. Consent, Cell-Phone Location/Tracking Data, Digital Devices, Privacy Act/Rights.
- New Jersey Supreme Court: Third-Party’s Apparent Authority to Consent to Search Premises Does Not Extend to Defendant’s Personal Property Located on Premises, Sept. 1, 2023. Consent, Consent Searches.
- Wyoming Supreme Court: Preventing Door From Slamming in Face of Police Officer Does Not Constitute Implied Consent to Enter Home Without a Warrant, Nov. 15, 2022. Police, Consent, Warrantless Searches.
- It’s Time to Reconsider Consent Searches, May 15, 2021. Consent.
- U.S. v. Wise, No. Crim. No. H-12-194-9 (S.D.Tex.) (208 F.Supp.3d 805) (September 23, 2016) (Judge Lynn N. Hughes), Aug. 14, 2017. Punch And Jurists, Consent.
- Fernandez v. California, No. 12-7822 (U.S. Supreme Court) (571 U.S. 972; 134 S.Ct. 1126) (February 25, 2014) (Justice Alito), April 28, 2014. Punch And Jurists, Consent.
- Georgia v. Randolph, No. 04-1067 (U.S. Supreme Court) (547 U.S. 103; 126 S.Ct. 1515) (March 22, 2006) (Justice Souter), March 3, 2014. Punch And Jurists, Consent.
- Wood v. Beauclair, No. 10-35300 (9th Cir.) (692 F.3d 1041) (September 4, 2012) (Judge Betty Binns Fletcher), Oct. 1, 2012. Punch And Jurists, Consent.