United States Sixth Circuit

In a conviction of defendant for being a felon in possession of a firearm and ammunition, district court's grant of defendant's motion to suppress evidence is affirmed as the apartment tenant lacked apparent authority to consent to the search of the shoebox, as there was ambiguity over whether the tenant had mutual use or control of the shoebox, and the officers failed to cure this ambiguity by asking either the tenant or defendant to clarify the situation.

Appellate Information

• Decided 04/13/2010
• Published 04/13/2010

Judges

Court

• United States Sixth Circuit

Counsel