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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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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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