Legal Opinion
United States v. Gallagher
Court of Appeals for the Armed Forces
Decided May 13, 2008No. 07-0527/MCPublishedCited by 11 opinions
1Opinion of the Court
Judge RYAN delivered the opinion of the Court.
Today we are asked the question whether, when one spouse consents to a search of the entire house, the apparent authority doctrine extends that consent to an androgynous, unmarked, unlocked, briefcase kept in a common area of the home, which could reasonably hold the object of the search. Based on the facts of this case, we hold that it was not objectively unreasonable for the officer to believe the consent to search the home extended to the briefcase, and the apparent authority doctrine applies. Because Appellant’s wife had apparent authority to…
2Cases cited17 opinions
- Wong Sun v. United StatesSupreme Court of the United States · 1963
- United States v. MatlockSupreme Court of the United States · 1974
- Illinois v. RodriguezSupreme Court of the United States · 1990
- Florida v. JimenoSupreme Court of the United States · 1991
- Nardone v. United StatesSupreme Court of the United States · 1939
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3Cited by11 opinions
- United States v. WestonCourt of Appeals for the Armed Forces · 2009
- United States v. SterlingCourt of Appeals for the Armed Forces · 2016
- United States v. PirenCourt of Appeals for the Armed Forces · 2015
- United States v. BufordUnited States Air Force Court of Criminal Appeals · 2014
- United States v. CarlsonNavy-Marine Corps Court of Criminal Appeals · 2009
6 more not listed; retrieve them via the Exa API.