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Court affirms 86-year-old uncle could consent to search

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The 7th Circuit Court of Appeals rejected a defendant’s argument that his elderly uncle was a confused old man who was out of touch with reality and, therefore, unable to consent to a search of his home when police showed up looking to serve an arrest warrant. The search led to the arrest of the grandson on drug and weapons charges.

Timothy Richards appealed the denial of his two motions to suppress evidence found by police in the home of his uncle, Edward Rawls. Fort Wayne Police officers went to Rawls’ home because they had information a person they were seeking to arrest frequented the home. Rawls, the homeowner, allowed the officers inside and gave them permission to look around. Paul Wilson, a person the police sought, was not one of the people in the home, but Richards was there. Officers saw him with drugs. When they handcuffed Richards, they found a handgun and knife on him.

The officers did not have a search warrant for Rawls’ home, but Rawls consented to a search of the bedroom where Richards stayed when he visited his uncle. It had a lock on it but was unlocked at the time. Inside, the officers found more drugs. Richards was convicted of four charges related to the search.

In United States of America v. Timothy L. Richards, 12-3763, Richards argued that his uncle’s age prevented him from consenting to the search because he was an “old man out of touch with reality.”

“In Richards’ case, there is no evidence that Rawls suffered from a diagnosed mental disability or that officers had any reason to believe that he could not consent to the search of his home. Three officers testified about their interactions with Rawls; each concluded that Rawls appeared to understand his rights and be free of mental defects,” Judge William Bauer wrote. “Officer Ealing was specially trained to recognize symptoms of mental illness, and he testified that Rawls appeared to have ‘all his mental faculties about him.’ Without evidence of aberrant behavior from Rawls on December 8, 2009, we conclude that the district court’s finding that Rawls was capable of voluntarily consenting to the officers’ search was not clearly erroneous.

“Richards also contends that Rawls could not voluntarily consent to the search on December 8, 2009, because he was too intoxicated. But the record lacks any evidence to support this contention.”

The judges also held that Rawls’ authority to consent to the search of his house was sufficient to allow the officers’ warrantless search of the bedroom where Richards stayed. It was reasonable for the officers to believe it was Rawls who placed the padlock on the door, not Richards.
 

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  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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