DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
044170P.pdf 03/23/2006 USA v. Robert Elam
U.S. Court of Appeals Case No: 04-4170
Western District of Missouri
[PUBLISHED] [Loken, Author, with Gruender and Benton, Circuit Judges]
Criminal case - criminal law. Facts available to police officer at the
time consent to search was given were sufficient to cause a person of
reasonable caution to believe that the person giving the consent had
authority to give permission to search a cabinet in the common area of the
home; when a third party with apparent authority gives unequivocal
consent, and the defendant is present and fails to disclose a superior
privacy interest and object to the search, there is no intentional bypass of
defendant's rights.