United States Sixth Circuit

In a prosecution for drug- and firearm-related offenses, partial grant of a motion to suppress evidence based on a lack of apparent authority to search a second bag after officers found men's clothes in a first bag which a woman claimed to own is affirmed where: 1) the search was not excused by exigent circumstances since there was no evidence that methamphetamine manufacture was ongoing, nor did the evidence of a methamphetamine laboratory by itself create an exigency; 2) the woman that gave consent to search defendant's bags did not have actual authority to consent; 3) the apparent authority of the female companion ceased once a subsequent discovery of men's clothes created an ambiguity as to authority; and 4) officers needed to reestablish apparent authority in order to continue the search once the ambiguity had been introduced.

Appellate Information

• Decided 05/29/2008
• Published 05/29/2008

Judges

• Before:  MOORE, GILMAN, and SUTTON, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Andrew Sparks, Assistant United States Attorney, Lexington, Kentucky, for Appellant.  Wende C. Cross, Cross, Smith & Associates, Cincinnati, Ohio, for Appellee.   ON BRIEF:  Andrew Sparks, Charles P. Wisdom, Jr., Assistant United States Attorneys, Lexington, Kentucky, for Appellant.  Wende C. Cross, Cross, Smith & Associates, Cincinnati, Ohio, for Appellee.