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Third Party Did Not Have Authority To Consent To Search Of Premises. State V. Cushing 226 NJ 187

Outcome: The record contains ample evidence to support the Appellate Division’s conclusion that Betty Cushing did not have actual authority to consent to the search of defendant’s room and Betty could not have conferred through any power of attorney an authority that she did not possess herself.

In addition, it was not objectively reasonable for Officer Ziarnowski to rely on an apparent authority by Mylroie as the basis for valid third-party consent to his initial search of defendant’s bedroom.

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