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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. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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