United States v. Ronald Douglas Dearing, 9 F.3d 1428 (9th Cir. 1993). · Go Syfert
United States v. Ronald Douglas Dearing, 9 F.3d 1428 (9th Cir. 1993). Cases Citing This Book View Copy Cite
87 citation events (41 in the last 25 years) across 19 distinct courts.
Strongest positive: United States v. Ruiz (ca9, 2005-11-07)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 34 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) United States v. Ruiz (2×) also: Cited as authority (rule)
9th Cir. · 2005 · signal: see · quote attribution · 1 verbatim quote · confidence high
even when the invitation to search is accompanied by an explicit assertion that the person lives there, the surrounding circumstances could conceivably be such that a reasonable person would doubt its truth and not act upon it without further inquiry.
examined Cited as authority (verbatim quote) United States v. Abel Ike Ruiz (2×) also: Cited as authority (rule)
9th Cir. · 2005 · signal: see · quote attribution · 1 verbatim quote · confidence high
even when the invitation to search is accompanied by an explicit assertion that the person lives there, the surrounding circumstances could conceivably be such that a reasonable person would doubt its truth and not act upon it without further inquiry
examined Cited as authority (verbatim quote) UNITED STATES of America, Plaintiff-Appellee, v. Duk Kyung KIM, Defendant-Appellant (3×) also: Cited "see, e.g."
9th Cir. · 1997 · quote attribution · 1 verbatim quote · confidence high
whether we review de novo ... or for clear error, our conclusion is the same.
discussed Cited as authority (rule) United States v. Serrano
9th Cir. · 2025 · confidence medium
“A third party has actual authority” to consent to the search of a space “when [s]he has ‘mutual use of the property [and also has] joint access or control for most purposes.’” United States v. Dearing, 9 F.3d 1428, 1429 (9th Cir. 1993) (second alteration in original) (quoting United States v. Matlock, 415 U.S. 164 , 171 n.7 (1974)), overruled on other grounds by, United States v. Kim, 105 F.3d 1579 (9th Cir. 1997).
discussed Cited as authority (rule) Martinez v. Kijakazi
N.D. Cal. · 2021 · confidence medium
See Meanel v. Apfel, 172 F.3d 1111, 1114 (9th Cir. 1999), as amended (June 22, 7 1999) (reasoning the lack of muscular atrophy or any other physical signs of inactivity is 8 inconsistent with allegations of being a “totally incapacitated individual”); Johnson v. Shalala, 60 9 F.3d 1428, 1434 (9th Cir. 1995) (upholding an ALJ’s discounting of complaints because there 10 were “several contradictions between claimant’s testimony and the relevant medical evidence.”). 11 The laboratory findings were also inconsistent with Plaintiff’s allegations.
discussed Cited as authority (rule) LASTINE v. STATE
Nev. · 2018 · confidence medium
The court held that "[t]he failure to inquire properly weighs against the government, not [the defendant], because the police are simply 'not allowed to proceed on the theory that ignorance is bliss." Id. (quoting United States v. Dearing, 9 F.3d 1428, 1430 (9th Cir. 1993)).
discussed Cited as authority (rule) LASTINE (ANDREW) VS. STATE
Nev. · 2018 · confidence medium
The court held that "[t]he failure to inquire properly weighs against the government, not [the defendant], because the police are simply 'not allowed to proceed on the theory that ignorance is bliss." Id. (quoting United States v. Dearing, 9 F.3d 1428, 1430 (9th Cir. 1993)).
discussed Cited as authority (rule) Lastine v. State
Nev. · 2018 · confidence medium
The court held that "[t]he failure to inquire properly weighs against the government, not [the defendant], because the police are simply 'not allowed to proceed on the theory that ignorance is bliss." Id. (quoting United States v. Dearing, 9 F.3d 1428, 1430 (9th Cir. 1993)).
discussed Cited as authority (rule) LASTINE (ANDREW) VS. STATE (2×)
Nev. · 2018 · confidence medium
The court held that "[t]he failure to inquire properly weighs against the government, not [the defendant], because the police are simply 'not allowed to proceed on the theory that ignorance is bliss." Id. (quoting United States v. Dearing, 9 F.3d 1428, 1430 (9th Cir. 1993)).
discussed Cited as authority (rule) United States v. Patterson
S.D. Cal. · 2017 · confidence medium
In contrast to Kelley , in United States v. Dearing, 9 F.3d 1428, 1430 (9th Cir. 1993), the Ninth Circuit held that a caretaker and occasional housekeeper living at the defendant’s home did not have apparent authority to consent to a search of the defendant’s separate bedroom.
cited Cited as authority (rule) United States v. Rivera
D. Nev. · 2017 · confidence medium
Id. (quoting United States v. Dearing, 9 F.3d 1428, 1430 (9th Cir. 1993)).
examined Cited as authority (rule) United States v. Omar Arreguin (6×) also: Cited "see"
9th Cir. · 2013 · confidence medium
Arreguin, 453 Fed.Appx. at 681 (citing United States v. Dearing, 9 F.3d 1428, 1430 (9th Cir.1993); 3 United States v. Davis, 332 F.3d 1163, 1170 (9th Cir.2003); United States v. Fultz, 146 F.3d 1102, 1106 (9th Cir.1998); United States v. Welch, 4 F.3d 761, 765 (9th Cir.1993) 4 ).
cited Cited as authority (rule) United States v. Toan Phuong Nghe
W.D. Wash. · 2013 · confidence medium
Ruiz, 428 F.3d at 880 -81 (quoting United States v. Dearing, 9 F.3d 1428, 1429-30 (9th Cir.1993)).
cited Cited as authority (rule) United States v. Bojorquez-Rojo
9th Cir. · 2005 · confidence medium
United States v. Fiorillo, 186 F.3d 1136, 1144 (9th Cir.1999) (citing United States v. Dearing, 9 F.3d 1428, 1429-30 (9th Cir.1993)).
examined Cited as authority (rule) United States v. Lawrence Ezekiel Reid, United States of America v. Wayne Blake (4×)
9th Cir. · 2000 · confidence medium
Finally, assuming the truth of the reasonably believed but untrue fact, would the consent-giver have had actual authority? 23 Fiorillo, 186 F.3d at 1144 (quoting United States v. Dearing, 9 F.3d 1428, 1429-30 (9th Cir. 1993)).
discussed Cited as authority (rule) United States v. Frank Fiorillo, Jr., and Art Krueger (2×)
9th Cir. · 1999 · confidence medium
Finally, assuming the truth of the reasonably believed but untrue fact, would the consentgiver have had actual authority?" 22 United States v. Dearing, 9 F.3d 1428, 1429-30 (9th Cir. 1993) (citations omitted). 23 The officials seeking entrance to the cold room believed that it was simply part of the warehouse leased to West Coast.
discussed Cited as authority (rule) State v. Taylor (2×) also: Cited "see"
Nev. · 1998 · confidence medium
United States v. Dearing, 9 F.3d 1428, 1429-30 (9th Cir. 1993) (citations omitted).
cited Cited as authority (rule) United States v. Luna-Rojas
D.P.R. · 1998 · confidence medium
In United States v. Bearing, 9 F.3d 1428, 1429-30 (9th Cir.1993), it was stated that "the existence of the apparent authority entails a three-part analysis.
discussed Cited "see" United States v. Jose Ortega-Gutierrez
9th Cir. · 2015 · signal: see · confidence high
See United States v. Dearing, 9 F.3d 1428, 1429-30 (9th Cir.1993) (describing the test to determine apparent authority), disapproved of on other grounds by United States v. Kim, 105 F.3d 1579 (9th Cir.1997).
discussed Cited "see" United States v. Omar Arreguin
9th Cir. · 2011 · signal: see · confidence high
See United States v. Dearing, 9 F.3d 1428, 1430 (9th Cir.1993) (holding that it was reasonable for officers to believe that a caretaker who lived in a house had authority over common areas but that it was unreasonable to assume the caretaker had actual authority to consent to a search of the defendant’s bedroom); United States v. Davis, 332 F.3d 1163, 1170 (9th Cir.2003) (holding that a third party who shared an apartment with the defendant did not have actual or apparent authority to consent to a search of the defendant’s belongings); United States v. Fultz, 146 F.3d 1102, 1106 (9th Cir.1…
cited Cited "see" United States v. Mullen
9th Cir. · 2009 · signal: see · confidence high
See United States v. Bearing, 9 F.3d 1428, 1429 (9th Cir.1993).
cited Cited "see" United States v. Mullen
9th Cir. · 2009 · signal: see · confidence high
See United States v. Bearing, 9 F.3d 1428, 1429 (9th Cir.1993).
discussed Cited "see" United States v. Corral
W.D. Tex. · 2004 · signal: see · confidence high
See United States v. Dearing, 9 F.3d 1428, 1429 (9th Cir.1993) (stating apparent authority doctrine requires that an officer believe “some untrue fact that was then used to assess the extent of the consent-giver’s use of an access to or control over the area searched”); United States v. Salinas-Cano, 959 F.2d 861, 865 (10th Cir.1992) (stating it is not enough that the officer testify that he thought the consenting party had joint access and control); see also 3 Wayne R.
cited Cited "see" United States v. Kenneth S. Oates
8th Cir. · 1999 · signal: see · confidence high
See Dearing, 9 F.3d at 1430 .
cited Cited "see" United States v. Kenneth Stewart Oates
8th Cir. · 1999 · signal: see · confidence high
See Bearing, 9 F.3d at 1430 .
examined Cited "see" Petersen v. People (6×)
Colo. · 1997 · signal: see · confidence high
See United States v. Dearing, 9 F.3d 1428, 1430 (9th Cir.1993) (resident caretaker and housekeeper had authority over common areas of house, but not defendant's bedroom); State v. Cook, 242 Or. 509 , 411 P.2d 78, 81-82 (1966) (live-in caretaker with key and unqualified access to property had authority to consent to search); Shue v. State, 129 Ga.App. 757 , 201 S.E.2d 174, 175 (1973) (resident caretaker had authority to consent to search).
discussed Cited "see" United States v. Gil
2d Cir. · 1996 · signal: see · confidence high
See United States v. Brown, 961 F.2d 1039, 1041 (2d Cir.1992) (mistakes of law are insufficient to support apparent authority under Rodriguez ). 11 Jiminez's reliance on United States v. Whitfield, 939 F.2d 1071 (D.C.Cir.1991) and United States v. Dearing, 9 F.3d 1428 (9th Cir.1993), is misplaced.
discussed Cited "see" Thomas Wayne Riordan v. State (2×) also: Cited "see, e.g."
Tex. App. · 1995 · signal: see · confidence high
See Dearing , 9 F.3d at 1429 .
discussed Cited "see" Riordan v. State (2×) also: Cited "see, e.g."
Tex. App. · 1995 · signal: see · confidence high
See Dearing, 9 F.3d at 1429 .
discussed Cited "see" United States v. Jairo Lozano (2×)
9th Cir. · 1995 · signal: see · confidence high
United States v. Matlock, 415 U.S. 164 , 171 n. 7 (1974); see United States v. Dearing, 9 F.3d 1428, 1429 (9th Cir.1993).
discussed Cited "see" People v. Walter (2×)
Colo. Ct. App. · 1994 · signal: see · confidence high
See United States v. Dearing, 9 F.3d 1428 (9th Cir.1993); People v. Keith M., 255 Ill.
discussed Cited "see, e.g." United States v. Jackson
N.D. Ga. · 2016 · signal: see also · confidence medium
The court went on to accept the suggestion in Rodriguez that, “in,the absence of sufficient facts, officers have a duty to seek further information in order to determine whether they may reasonably infer that the inviter has. the necessary authority to consent to an entry or search of the premises.” Id. (quoting U.S. v. Rosario, 962 F.2d 733, 738 (7th Cir.1992)); see also U.S. v. Dearing, 9 F.3d 1428, 1430 (9th Cir.1993) (“the mere fact of access, without more, does not indicate that the access was, authorized”).
discussed Cited "see, e.g." Kaspar v. City of Hobbs (2×)
D.N.M. · 2000 · signal: see, e.g. · confidence medium
See, e.g., United States v. Dearing, 9 F.3d 1428, 1430 (9th Cir.1993); Shue v. State, 129 Ga.App. 757 , 201 S.E.2d 174, 175 (1973); State v. Cook, 242 Or. 509 , 411 P.2d 78, 81-82 (1966).
discussed Cited "see, e.g." United States v. Charles W. White
9th Cir. · 1994 · signal: see also · confidence medium
Common authority rests on "mutual use of the property by persons generally having joint access or control for most purposes." Matlock, 415 U.S. at 171 ; see also United States v. Dearing, 9 F.3d 1428, 1429 (9th Cir.1993); Kelley, 953 F.2d at 566 .
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellant,
v.
Ronald Douglas DEARING, Defendant-Appellee
92-30445.
Court of Appeals for the Ninth Circuit.
Nov 23, 1993.
9 F.3d 1428
93 Cal. Daily Op. Serv. 8628
1993 U.S. App. LEXIS 30114
1993 WL 479406
Joseph H. Harrington, Asst. U.S. Atty., Spokane, WA, Nina Goodman, U.S. Dept, of Justice, Washington, DC, for plaintiff-appellant., Michael D. Kinkley, Spokane, WA, for defendant-appellee.
Wright, Goodwin, Hug.
Cited by 43 opinions  |  Published
EUGENE A. WRIGHT, Circuit Judge:

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[*1429] 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 of the house soon.

The next day Bourne went to the Dearing home. Blevins told her that he had access to the entire house, and then signed a written eonsent-to-search form. Blevins led Bourne to the bedroom and opened the closed door. He emphasized that it was Dealing’s bedroom, not his. Once inside, Bourne found what field-tested as a fully automatic machine gun.

Dealing was indicted for violating 18 U.S.C. § 922(o) (possession of a machine gun). He moved to suppress the gun as the fruit of an illegal search. The district judge ruled that Blevins lacked both actual and apparent authority to consent. The indictment was dismissed after the government stipulated that it had insufficient evidence to continue to prosecute Dearing. The government appeals,

II. ANALYSIS

The district court had jurisdiction under 18 U.S.C. § 3231. We have jurisdiction under 18 U.S.C. § 3731. Whether we review de novo as suggested by the government, or for clear, error, our conclusion is the same. [1]

Although the Fourth Amendment prohibits only unreasonable searches, Illinois v. Rodriguez, 497 U.S. 177, 188-89, 110 S.Ct. 2793, 2801, 111 L.Ed.2d 148 (1990), it “incorporates a strong preference for search warrants.” United States v. Carbajal, 956 F.2d 924, 930 (9th Cir.1992) (citations omitted). Agent Bourne concededly had sufficient probable cause and ample opportunity to obtain a search warrant. She did not do so. She relied instead upon Blevins’ consent to search Dearing’s bedroom.

A consensual search is reasonable when the consent-giver has authority over the area searched. United States v. Matlock, 415 U.S. 164, 94 S.Ct. 988, 39 L.Ed.2d 242 (1974). A third party has actual authority when he has “mutual use of the property [and also has] joint access or control for most purposes_” Id. at 171 n. 7, 94 S.Ct. at 993 n. 7. When the facts do not support a finding of actual authority, a search is reasonable if the consent-giver apparently has actual authority. Rodriguez, 497 U.S. at 188, 110 S.Ct. at 2801.

The existence of apparent authority entails a three-part analysis. First, did the searching officer believe some untrue fact that was then used to assess the extent of the consent-giver’s use of and access to or control over the area searched? United States v. Welch, 4 F.3d 761, 765-66 (9th Cir.1993). Second, was it under the circumstances objectively reasonable to believe that the fact was true? Rodriguez, 497 U.S. at 188, 110 S.Ct. at 2801 (citing and quoting Terry v. [*1430] Ohio, 392 U.S. 1, 21-22, 88 S.Ct. 1868, 1879-80, 20 L.Ed.2d 889 (1968)). Finally, assuming the truth of the reasonably believed but untrue fact, would the consent-giver have had actual authority? Welch, at 765 (apparent authority doctrine is “applicable only if the facts believed by the officers to be true would justify the search as a matter of law”).

In his well-reasoned written opinion, the district judge ruled that Blevins did not have actual authority over Dearing’s bedroom. The government has not appealed that ruling, which was amply supported by the evidence offered at the suppression hearing. [2] The only question is whether Bourne’s mistaken belief that Blevins had authority over the bedroom was reasonable.

The government argues that what Blevins told Bourne made her belief reasonable. But the police are not allowed “to proceed on the theory that ‘ignorance is bliss.’ ” 3 Wayne R. LaFave, Search & Seizure, § 8.3(g) (2d ed. 1987). “Even when the invitation [to search] is accompanied by an explicit assertion that the person lives there, the surrounding circumstances could conceivably be such that a reasonable person would doubt its truth and not act upon it without further inquiry.” Rodriguez, 497 U.S. at 188, 110 S.Ct. at 2801.

At the time of this search, Bourne knew that Blevins lived in the house as caretaker and occasional housekeeper. Her belief that he had authority over the common areas of the house was clearly reasonable. But she also believed that Blevins had use of and access to or control over Dearing’s bedroom. The district judge found that this belief was not objectively reasonable. We agree.

Bourne knew only that Blevins had been in the bedroom on prior occasions. The mere fact of access, without more, does not indicate that the access was authorized. The bedroom door was closed at the time of the search. Blevins said and did nothing to indicate that Dearing knew of, or authorized, his excursions into the bedroom. And Bourne knew that Blevins’ relationship with Dearing was nearing an end. But she never inquired into the extent of Blevins’ currently authorized access to the bedroom, or the extent to which Dearing kept his bedroom off-limits. Under these circumstances, the district judge held that a reasonable agent would have inquired further, and we agree.

The government argues that United States v. Kelley, 953 F.2d 562 (9th Cir.1992), requires that we reverse. Kelley is inapposite. There, the police knew that the consent-giver had unrestricted permission to enter her co-tenant’s bedroom to use the telephone. Id. at 564. Here, the lack of knowledge about the extent of Blevins’ permission to enter Dearing’s bedroom is precisely what made Bourne’s reliance on Blevins’ assertions unreasonable.

III. CONCLUSION

The apparent authority doctrine cannot salvage an unreasonable warrantless search. Because a reasonable agent would have doubted that Blevins had mutual use and joint access or control for most purposes over Dearing’s bedroom, Bourne’s reliance on Blevins’ consent was unreasonable.

AFFIRMED.

1

. We have not decided the standard of review for apparent authority determinations. See United States v. Welch, 4 F.3d 761, 764 n. 4 (9th Cir.1993). The circuits are split regarding the standard of review. The Eighth Circuit treats the entire analysis as a question of fact. United States v. Brokaw, 985 F.2d 951, 954 (8th Cir.1993) (expressly holding that apparent authority is a question of fact reviewed for clear error). But the D.C. Circuit treats it as a mixed question of law and fact. See, e.g., United States v. Patrick, 959 F.2d 991, 996 n. 6 (D.C.Cir.1992) (factual findings in support of conclusion reviewed for clear error and conclusion regarding existence of authority reviewed de novo).

2

. The district judge found that "[n]ot only did Mr. Bleivans [sic] lack joint access or control for most purposes, he lacked it for any purpose."