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United States v. Gradowski

United States Court of Appeals, Second Circuit
Sep 10, 1974
502 F.2d 563 (2d Cir. 1974)

Summary

finding consent to search a car valid where the consenting party was in possession of car and keys

Summary of this case from United States v. Wright

Opinion

No. 1248, Docket 74-1710.

Argued August 13, 1974.

Decided September 10, 1974.

John H. Doyle III, New York City, for appellant.

John N. Bush, Asst. U.S. Atty. (Paul J. Curran, U.S. Atty., S. D. N.Y., John D. Gordan III, Asst. U.S. Atty., of counsel), for appellee.

Appeal from the United States District Court for the Southern District of New York.

Before OAKES, Circuit Judge, FRANKEL and KELLEHER, District Judges.

Of the Southern District of New York and the Central District of California, respectively, sitting by designation.


We affirm the appellant's conviction on seven counts of an indictment relating to possession of stolen goods and mail fraud. 18 U.S.C. §§ 2113(c), 1341-1342.

Appellant's principal ground for appeal is based on the trial court's denial of his motion to suppress documents linking him with the crimes of which he was convicted, which were seized in a warrantless search of his automobile trunk. The search was found by the trial court to have been made with the consent of the Hammers, people at whose house appellant had left his car, to whom he had given the keys, and who — rather than being under any compulsion from any previous wrongful assertion by the federal agents of authority to search their house — were quite happy to give the car keys to the agents, wanting as they were to be rid of any connection with appellant and his cohort, Mrs. Hammer's brother. The finding of consent was amply justified by the evidence. Consent to a search by one with access to the area searched, and either common authority over it, a substantial interest in it or permission to exercise that access, express or implied, alone validates the search. United States v. Matlock, 415 U.S. 164, 170-171, 94 S.Ct. 988, 39 L.Ed.2d 242 (1974); United States v. Gargiso, 456 F.2d 584, 587 (2d Cir. 1972).

Judgment affirmed.


Summaries of

United States v. Gradowski

United States Court of Appeals, Second Circuit
Sep 10, 1974
502 F.2d 563 (2d Cir. 1974)

finding consent to search a car valid where the consenting party was in possession of car and keys

Summary of this case from United States v. Wright

finding consent to search a car valid where the consenting party was in possession of car and keys

Summary of this case from United States v. Wright

upholding consent by third party who was given possession of defendant's car and had "access to the area searched, and either common authority over it, a substantial interest in it or permission to exercise that access"

Summary of this case from State v. Licari

In United States v. Gradowski, 502 F.2d 563, 564 (2d Cir. 1974), the Second Circuit articulated a concise test based on the Supreme Court's decision in Matlock, 415 U.S. at 171, 94 S.Ct. at 993, to determine the validity of third party consents to search: "Consent to search by one with access to the area searched, and either common authority over it, a substantial interest in it or permission to exercise that access, express or implied, alone validates the search."

Summary of this case from U.S. v. Curcio

In Gradowski, the third party consent was readily granted by a couple at whose house the defendant had left his car and his car keys.

Summary of this case from U.S. v. Orejuela-Guevara
Case details for

United States v. Gradowski

Case Details

Full title:UNITED STATES OF AMERICA, APPELLEE, v. PETER GRADOWSKI, APPELLANT

Court:United States Court of Appeals, Second Circuit

Date published: Sep 10, 1974

Citations

502 F.2d 563 (2d Cir. 1974)

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