Opinion

Johnson v. Weaver

  • 248 F. App'x 694
Court
Court of Appeals for the Sixth Circuit
Filed
Sep 24, 2007
Status
Unpublished
Author
Moore
On the bench
Moore, Cook, Ackerman
Cited by
7 cases

finding the defendant's adult step-son, who lived in a house on the defendant's farm, had apparent authority to grant officers consent to search the defendant’s barn, because "there is every reason to suppose that mature family members possess the authority to admit police to look about the family residence, since in common experience family members have the run of the house.”

How later courts described this case

  • finding the defendant's adult step-son, who lived in a house on the defendant's farm, had apparent authority to grant officers consent to search the defendant’s barn, because "there is every reason to suppose that mature family members possess the authority to admit police to look about the family residence, since in common experience family members have the run of the house.”
  • concluding that state department of natural resources officers did not violate property owner’s Fourth Amendment rights when they knocked on door of tenant’s house, notwithstanding owner’s prior order to officers to stay off his property, since the tenant lived there, and plaintiffs “ownership alone d[id] not create a reasonable expectation of privacy”
  • holding that a driveway constitutes an open field despite the owner’s “efforts to shield that area from any manner of unwelcome guest”
  • state department of natural resources officers did not violate property owner’s Fourth Amendment rights when they knocked on door of tenant’s house, notwithstanding owner’s prior order to officers to stay off his property, since the tenant lived there, and plaintiffs “ownership alone d[id] not create a reasonable expectation of privacy”

Written by the judges who cited it.

The opinion

KAREN NELSON MOORE, Circuit Judge,

concurring in the judgment.

I concur in the judgment of the court.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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