Police received a call about a man walking pit bulls, so they went looking for him and found him. The officer rolled down his window, and defendant kept walking talking to him. The officer told him to stop and produce his ID, and defendant refused. Things escalated from there to defendant being arrested for disorderly and refusing to obey an order of the officer. The entire stop should have been suppressed because the stop was unreasonable. There was no legal basis for stopping defendant. He was in violation of no law. Harrell v. State, 2013 Miss. App. LEXIS 77 (February 26, 2013).
The consenter ultimately had no actual authority to consent, but there was clear apparent authority: “The lack of ambiguity from Orphan's statements to Barahona, and from his conduct at the scene and during questioning, underscores the reasonableness of the officers' belief that Orphan lived in the home at 1301 Pear Grove Lane. Specifically, it shows that it was objectively reasonable for the officers to believe his statements that he lived in the back room with his girlfriend, and that he had been living there for three or four months, and it was objectively reasonable for the officers to thus believe that Orphan had mutual use of the property and control over it for most purposes.” United States v. Chavez, 2013 U.S. Dist. LEXIS 35628 (D. N.M. March 6, 2013).
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