The fact that a woman who answered the door was wearing a bathrobe could give an officer a reasonable belief that she had spent the night, but not the reasonable belief that she lived there so as to constitute apparent authority for consent to enter. The officers didn’t ask the woman who she was, how she was related to the person who lived there, or whether she lived at the apartment.

Editor’s Note: This is a good case for a review on the concept of “apparent authority” including the officers responsibility to determine a few basic facts before making assumptions.

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