United States v. Romero
749 F.3d 900
| 10th Cir. | 2014Background
- Friday’s body found in a New Mexico arroyo; he was shot with a shotgun and had a vodka bottle and cash; the crime scene suggested transformation of location from the car to the body; Friday’s last seen in a green Chevrolet Cavalier with several men; the vehicle’s license plate was recorded by casino security; the car was registered to Defendant’s aunt; Madrid identified Romero from a photo lineup as the driver; Romero previously had a shotgun incident at the casino; the government sought warrants to search the Cavalier and Romero’s home after receiving this information.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for the Cavalier search warrant | Romero | Lacked probable cause | Warrant supported by probable cause |
| Authority to search Romero’s bedroom | Stepfather had authority | Stepparent lacked authority | Apparent/actual authority supported by presumption; search valid |
| Scope of consent authority | Presumption covers entire home | Ambiguity in stepparent authority | Presumption applies; no need for further inquiry given district findings |
Key Cases Cited
- United States v. Danhauer, 229 F.3d 1002 (10th Cir. 2000) (probable-cause and warrant review standards)
- Poolaw v. Marcantel, 565 F.3d 721 (10th Cir. 2009) (probable-cause determination deferential but de novo review)
- United States v. Rith, 164 F.3d 1323 (10th Cir. 1999) (parental presumption of control over home for consent)
- United States v. Ladell, 127 F.3d 622 (7th Cir. 1997) (presumed authority based on relationship)
- United States v. Cos, 498 F.3d 1115 (10th Cir. 2007) (ambiguity in apparent authority matters; need for further inquiry only if facts warrant)
- United States v. Goins, 437 F.3d 644 (7th Cir. 2006) (apparent authority based on girlfriend’s access to apartment)
- United States v. Meada, 408 F.3d 14 (1st Cir. 2005) (apparent authority based on girlfriend’s possession of apartment items)
- United States v. Hudson, 405 F.3d 425 (6th Cir. 2005) (authority based on romantic involvement and shared residence)
- Harajli v. Huron Township, 365 F.3d 501 (6th Cir. 2004) (third party had relevant access; ongoing household involvement)
- Kimoana, 383 F.3d 1215 (10th Cir. 2004) (test for apparent authority when consent is premised on presumption)
- United States v. Gutierrez-Hermosillo, 142 F.3d 1225 (10th Cir. 1998) (minor child’s consent to search shared room with parent reasonable)
- Illinois v. Rodriguez, 497 U.S. 177 (1990) (objective standard for apparent authority)