NOVAK

v.

UNITED STATES

Citator

Cited By

• Clausell v. State, 548 So. 2d 889 (Fla. 3d DCA 1989)
  …U.S. 287, 104 S.Ct. 641, 78 L.Ed.2d 477 (1984); Leonard v. State, 481 So. 2d 614 (Fla. 4th DCA 1983), and (b) the “old man” had no authority to consent to the search of Clausell’s room, see Riley v. Gray, 674 F. 2d 522 (6th Cir.1982), cert. denied, 459 U.S. 948, 103 S.Ct. 266, 74 L.Ed.2d 207 (1982); 3 W. LaFave § 8.5(e) (2d Ed. 1987), that the February 11 entry and seizure were constitutionally impermissible. Nevertheless, we affirm. We do so upon the holding that the refusal to suppress the jacket was —…
• Gilbert v. Al Parke, 763 F.2d 821 (6th Cir. 1985)
  …must have provided, in the abstract, a mechanism by which to raise the claim and the presentation of the claim in this case must not have been frustrated by a failure of that mechanism. See Riley v. Gray, 674 F. 2d 522, 526 (6th Cir.), cert. denied, 459 U.S. 948, 103 S.Ct. 266, 74 L.Ed.2d 207 (1982). The petitioner does not claim that the state failed to provide a mechanism by which Fourth Amendment claims could be [*824] raised. Moreover, the Kentucky Supreme Court’s opinion in Gilbert v. Commonwealth, 63…
• United States v. Lorgio D. Morales, Jr., 861 F.2d 396 (3d Cir. 1988)
  …nment may benefit from a police officer’s belief, although mistaken, in a third party’s apparent authority to consent, the government’s reliance on that authority must be reasonable. See Riley v. Gray, 674 F. 2d 522, 528-29 (6th Cir.), cert. denied, 459 U.S. 948, 103 S.Ct. 266, 74 L.Ed.2d 207 (1982). The district court found that Corporal Dur-nan “did not have a reasonable good faith belief in the validity of Morales’ consent” because Corporal Durnan had notice that a Mr. Viera, not the driver, was the less…