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. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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  5. 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

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