Third party’s apparent authority to consent to search of property does not apply where police are aware of actual limits of party’s authority

SEARCH & SEIZURE United States v. Trotter, No. 05-3487, ___ F.3d ___ (10th Cir. Apr. 17, 2007)(Kansas). Appeal of convictions and sentence for: (1) possession and distribution of cocaine; (2) conspiracy to possess with intent to distribute cocaine; and (3) possession of a firearm in connection with drug trafficking crime. HELD: Fourth Amendment does not prohibit government from conducting warrantless search when police have obtained voluntary consent either from individual whose property will be searched or from third party who has actual or apparent authority to consent to search. Third party has apparent authority to consent to search in situation where police reasonably but erroneously believe third party has authority over premises. Third party doctrine does not apply where police have made no mistaken factual determinations regarding third party’s authority or are aware of actual limits on third party’s authority to consent to search. Read the opinion here.