Court: Girlfriend could consent to search

Jennifer Nelson
January 1, 2008
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The 7th Circuit Court of Appeals upheld a defendant's conviction of possession of ammunition by a felon, finding the defendant's girlfriend had the authority to consent to a search of the apartment by police when the defendant was not present.

In United States of America v. Daniel Groves Sr., No. 07-1217, the Circuit Court had to determine whether Daniel Groves' girlfriend, Shaunta Foster, could allow police to search their apartment without a warrant in light of the recent U.S. Supreme Court case, Georgia v. Randolph, 547 U.S. 103 (2006).

When Foster consented to the search of the apartment she shared with Groves in 2004, the Randolph case had not yet been ruled on by the U.S. Supreme Court. That ruling came after Groves' case went before the 7th Circuit Court of Appeals during Groves' first appeal of his conviction.

In this case, police responded to a call of shots fired in South Bend near Groves' apartment, and Groves admitted he lived at the residence where the shots were reported to have been fired. Groves refused the officers' request to search his apartment, and a federal magistrate denied the officers a search warrant. Police decided to go to his apartment when Groves was at work and talk to his girlfriend to see if she would let them in. Foster signed a consent form, and the agents found bullets in a drawer in Groves' nightstand. Groves moved to suppress the evidence found during the search, which was denied. In Groves' first appeal of this issue, the 7th Circuit directed the District Court to address three issues in the appeal: whether Foster had apparent or actual authority to consent to the search of the apartment, whether the Randolph ruling affected the suppression claim, and whether Foster voluntarily consented to the search.

On remand, the District Court issued its finding based on the Circuit Court's order and again denied Groves' motion to suppress. The federal appellate court affirmed the District Court ruling, finding evidence supports that Foster could consent to the search of the apartment. The District Court determined Foster was a co-occupant of the apartment and possessed common authority over it to allow for a search, including a search of the nightstand where the evidence was found. Foster told police there were no limits to where she could go in the apartment and said she had cleaned the nightstand even though she didn't use it, wrote Judge Illana Rovner.

Police didn't violate the standard held in Randolph - that "a warrantless search of a shared dwelling for evidence over the express refusal of consent by a physically present resident cannot be justified as reasonable as to him on the basis of consent given to police by another resident." The District Court found the police officers didn't do anything to cause Groves' absence from the apartment because they waited until he was at work to approach Foster. Groves also didn't object at the door, as is required in Randolph, and the facts in his case don't justify relief under Randolph, she wrote.

The District Court found Foster voluntarily consented to the search, saying she was of at least average intelligence, the officers didn't threaten her in order to convince her to allow the search, and the police advised her fully of her rights - including her right to insist on a search warrant, Judge Rovner wrote.

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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.