06-2219 - United States of America v. Eric Lee Crabb, Appellant
U.S. Tenth Circuit Court of Appeals
(March 9, 2007)
Briefs
Briefs require requires Adobe Acrobat Reader.
- Appellant's Brief-In-Chief (422 KB PDF)
- Appellee's Answer Brief (167 KB PDF)
Case Summary (prepared at Washburn Law)
Nature of the Case:
This is a Fourth Amendment case. It arises from the warrantless search of Mr. Crabb's home. His crime involved possession with intent to distribute more than 50 grams of methamphetamine. At the trial level, Crabb and the government entered into a plea agreement that preserved Crabb's right to appeal the district court's suppression of evidence ruling. He now exercises that right, challenging his girlfriend's authority to consent to a search of his home. The district court found that his girlfriend had apparent authority. On appeal, Crabb argues that she had neither actual nor apparent authority. The appellate court accepts the district court's findings of fact unless clearly erroneous and reviews reasonableness de novo.
Law
For one to have actual authority to consent to a search, she must actually live there. For one to have apparent authority, the searching officers must reasonably believe that the third party lives at that address.
Legally Significant Facts:
- Crabb's girlfriend lived at a separate address (not Crabb's house)
- She had just been arrested and her booking records indicated she didn't live w/Crabb
- She told the large taskforce that showed up that she did not live w/Crabb.
- This was the second time the task force had found the girlfriend alone with her kid at Crabb's
- The police showed up with a large taskforce and a member entered the house before asking for consent
