Douglas Craig Lemley v. State

[¶ 84] I respectfully dissent, The majority concludes Mr. Lemley was not prejudiced by trial counsel's failure to file a motion to suppress evidence found during the search of Mr., Lemley's backpack because the search was lawful under the doctrine of apparent *768authority. According to the majority, the investigating officer reasonably determined that Mr. Keele had apparent authority to consent to a search of Mr. Lemley's backpack. I disagree. The majority reaches its conclusion despite the fact that the record shows the officer (1) did not know who the backpack belonged to before searching the…