How has the court interpreted the apparent authority doctrine in the context of a search warrant application?

MultiRegion, United States of America

The following excerpt is from USA v. Reid, 226 F.3d 1020 (9th Cir. 2000):

3. The government failed to argue that the officers at apartment 101 believed some "untrue fact," which is a necessary element of the apparent authority doctrine. See e.g., Fiorillo , 186 F.3d at 1144; United States v. Fultz, 146 F.3d 1102, 1106 (9th Cir. 1998) ("The apparent authority doctrine [ ] validates a search only where the search would be valid if the facts believed by the officer were true."); Dearing, 9 F.3d at 1428-29. Nonetheless, since the government argues that the search was valid under this doctrine, we assume that the government intended to argue that the untrue fact that the officers believed was that Grant resided in the apartment.

3. The government failed to argue that the officers at apartment 101 believed some "untrue fact," which is a necessary element of the apparent authority doctrine. See e.g., Fiorillo , 186 F.3d at 1144; United States v. Fultz, 146 F.3d 1102, 1106 (9th Cir. 1998) ("The apparent authority doctrine [ ] validates a search only where the search would be valid if the facts believed by the officer were true."); Dearing, 9 F.3d at 1428-29. Nonetheless, since the government argues that the search was valid under this doctrine, we assume that the government intended to argue that the untrue fact that the officers believed was that Grant resided in the apartment.

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