ILNews

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. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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