United States v. Ronald Douglas Dearing

The government appeals from an order suppressing evidence of a machine gun that was seized during a warrantless search. Permission to search was given by a live-in sitter, whom the judge ruled had neither actual nor apparent authority to consent, We consider only the requirements of apparent authority. We affirm.

I. FACTS

Ronald Dearing is the single custodial parent of two teenaged children. His daughter, Michelle, has cerebral palsy. Dearing hired Donnie Blevins to assist him in caring for Michelle, and to help with the housekeeping. Blevins received a room and salary in exchange for his services.

Six months after he was hired, while Dear-ing was in Washington, D.C. with Michelle, Blevins called Agent Barbara Bourne of the Bureau of Alcohol, Tobacco and Firearms. He told her that he lived in the house to help with Michelle, and had seen in Dealing’s bedroom what he thought was a machine gun. He also provided Bourne with serial numbers from the gun.

In another conversation several days later, Bourne told Blevins that she could not search the bedroom without a warrant unless he consented. Blevins said that he wished to consent. He also told her that he was planning to move out…