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Special Report on

Apparent Authority/Consent

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Parent of adult child living at home had apparent authority to consent under the “My house, my rules” doctrine [my words] of third party consent. United States v. Zarabozo , 2010 U.S. App. LEXIS 9554 (11th Cir. May 10, 2010) (unpublished): We conclude the district court did not err in ruling the evidence taken from Zarabozo's bedroom was admissible, because Zarabozo's mother had apparent authority to consent to the search of his room that led FBI agents to the probable cause they used to obtain a warrant. Zarabozo's mother told FBI agents she was the head of the house and that by living in her house, ...
to create a legal relationship with a Third Party. Succinctly, it may be referred to as the relationship between a principal and an agent whereby the principal, expressly or impliedly, authorizes the agent to work under his control and on his behalf. The agent is, thus, required to negotiate on behalf of the principal or bring him and third parties into contractual relationship. This branch of law separates and regulates the relationships between: Agents and Principals; Agents and the Third Parties with whom they deal on their Principals' behalf; and Principals and the Third Parties when the Agents purport to deal on their ...
REVIEWS AND OPINIONS
July 2010 MBE Question of the Day #43
Two lawyers share office space on the 25th floor of a building, but are otherwise independent practitioners. The lawyers each have a secretary that works in a common reception room. Each lawyer has his own private office. A window washer employed by the building management, is on a scaffold washing the window of a private office and sees a marijuana plant growing. During his lunch break, he tells the officer about the marijuana plant and brings him up on the scaffold to look at it through the office window. After observing the plant, the officer goes to the offices and asks the first secretary, who was alone on the premises, if ... market research, surveys and trends
Search ruled ok even if person claiming authority doesn't live ...
Mr. Gonzalez tried several ways to get out of his drug convictions, including two attempts at perjury. Unfortunately for him, one thing judges don’t like is when they are lied to. One of the legal ways Gonzalez tried to have the search of the apartment tossed out was by asserting that police should have known his friend did not live in the apartment even though she consented to a police search. Apparently, she didn’t really live there…she just dealt drugs from there. Unfortunately again for Mr. Gonzalez, the appeals court recognized his friend’s apparent authority, and his appeal was denied. From United ... market research, surveys and trends

SURVEY RESULTS FOR
APPARENT AUTHORITY/CONSENT

When Is a Parent's Authority Apparent? Reconsidering Third Party ...
An AARP survey earlier this year reported that 33 percent of .... The apparent authority to consent is driven by the assumptions drawn about the parent- ... Furthermore, there are over four million multigenerational households (those ... industry trends, business articles and survey research
Organizing the Public Purchasing Function: A Survey of Cities and ...
As a number of state and local governments explore new ways to reduce costs, provide flexibility to service delivery managers, and integrate their decision-making processes, many are examining their purchasing function as a potential area for increased efficiency. It is commonly believed that changing the purchasing process in government can generate substantial cost savings and contribute to overall efficiency by reducing red tape, providing service delivery managers with flexibility, and eliminating the number of reporting channels necessary to procure goods and services. As a number of state and local governments ... industry trends, business articles and survey research
RELATED NEWS
CRUCES v. COMMONWEALTH
Brandon Neil Jewell, Assistant Public Advocate, Department of Public Advocacy, Frankfort, Kentucky, Briefs for Appellant. Jack Conway, Attorney General of Kentucky J. Hays Lawson, Assistant Attorney General Frankfort, Kentucky, Brief for Appellee. Before: ACREE and STUMBO, Judges; LAMBERT, [ 1 ] Senior Judge. STUMBO, Judge: Jose Luis Cruces appeals from a Judgment of the Fayette Circuit Court reflecting a conditional plea of guilty to one count each of rape in the third-degree and sodomy in the third-degree. Cruces argues that the trial court erred in failing to sustain his motion to suppress certain evidence because the police ... market trends, news research and surveys resources
CORES v. ATLANTIC CITY HIGH SCHOOL
ATLANTIC CITY HIGH SCHOOL, ATLANTIC CITY BOARD OF EDUCATION, DR. THOMAS KIRSCHLING, PAUL SPINELLI, and KENNETH FLOOD, Defendants-Respondents. No. A-5753-08T3. Superior Court of New Jersey, Appellate Division. Argued April 14, 2010. Decided July 19, 2010. Clifford L. Van Syoc argued the cause for appellant (Van Syoc Chartered, attorneys; Sebastian B. Ionno, on the brief). Amy B. Goldstein argued the cause for respondents (Kaufman Dolowich Voluck & Gonzo LLP, attorneys; Gregory S. Hyman and Ms. Goldstein, on the brief). Before Judges Miniman and Waugh. PER CURIAM Plaintiff Alvaro Cores appeals the Law Division's order ... market trends, news research and surveys resources

INFORMATION RESOURCES

Apparent Authority/Consent
Apparent Authority/Consent. By Charles Gillingham. You are dispatched to a residence on a call of loud noise. You go to the door, knock, and ... technology research, surveys study and trend statistics
Consent to Search (podcast transcript) — Federal Law Enforcement ...
Miller: Jenna, we’re back. Of course we’re talking about these exceptions to the probable cause and warrant requirement. I’d like to talk a little bit about consent. Are you ready to do that? Solari: Not quite yet. I think we’ve discussed a lot of law so far Tim and now might be a good time to apply some of it. So, let’s do some hypothetical scenarios. Let’s assume we’re federal agents and we’ve completed a search warrant application and based on that application, a Federal Magistrate in the district where the place to be searched is located has authorized us to search. The particular place is 123 Main Street here in Brunswick. ... technology research, surveys study and trend statistics
THIRD PARTY CONSENT SEARCHES AFTER GEORGIA V. RANDOLPH: DUELING ...
despite the fact that he or she may not possess the actual authority to consent. This is known as the doctrine of “apparent authority. ...
REAL TIME
APPARENT AUTHORITY/CONSENT
QUESTIONS AND ANSWERS
Who provides permission for searches? Can one roommate provide for ...
For my criminal justice class, I need to know whether or not, one roommate can provide an legal search for both roommates. If the roommate says, "You can search the whole room." If the roommate says, "You can through both of our things." Does the present roommate have permission to do that? Also, what is the legal reasoning for searching a college dorm room? Is there any reasonable suspicion require? If you could give citations, or sites, that would be very helpfcul, because I need to provide how I attained my answers. Thank you in advance! In the readings I’ve done the roommate can give consent to all the rooms that they had ...
WikiAnswers - What is the age of consent in Oklahoma
A. Any person who forces another person to engage in the detestable and abominable crime against nature, pursuant to Section 886 of this title, upon conviction, is guilty of a felony punishable by imprisonment in the State Penitentiary for a period of not more than twenty (20) years, except as provided in Section 3 of this act. Any person convicted of a second violation of this section, where the victim of the second offense is a person under sixteen (16) years of age, shall not be eligible for probation, suspended or deferred sentence. B. The crime of forcible sodomy shall include: 1. Sodomy committed by a person over ...