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United Statesv.Tyrone Rashod Barber

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.13-14935
DecidedFebruary 3, 2015
Reporter777 F.3d 1303; 2015 WL 428173
JudgesEleventh Circuit Judges William Pryor and Jordan; District Judge Donald E. Walter sitting by designation
Tags
CriminalCriminal ProcedureFourth AmendmentSearch and SeizureEvidenceCivil Procedure
Case Summary

Tyrone Barber was a passenger in a car whose driver consented to a search after police arrested him for driving with a suspended license. Officers found a handgun in a bag on the passenger-side floorboard, along with Barber’s business cards and family photographs; Barber later admitted the gun was his. After a bench trial, he was convicted of possessing a firearm as a convicted felon. The Eleventh Circuit held that Barber had a reasonable expectation of privacy in the bag even though he was only a passenger and lacked a possessory interest in the car. The court nevertheless upheld the search because the driver had apparent authority to consent: the bag was unsecured, within the driver’s reach, and Barber did not say that it belonged exclusively to him. The officers’ belief that the driver could consent was judged objectively from the facts available at the time, and the court therefore did not need to decide whether the driver had actual authority. The court affirmed Barber’s conviction.

Opinion

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