10 New Jersey opinions name it 3 courts 1993–2021 1 in the last five years
The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Illinois v. Rodriguezgreen2 sentences2019The United States Supreme Court has applied the apparent authority doctrine "when officers enter without a warrant because they reasonably (though erroneously) believe that the person who has consented to their search is a resident of the premises[.]" Rodriguez, 497 U.S. at 186 (emphasis added); see also Georgia v. Randolph, 547 U.S. 103, 109 (2006) (noting that police may reasonably rely upon consent given by "a co-occupant whom the police reasonably, but erroneously, believe to possess shared authority as an occupant." (emphasis added)). 2018The United States Supreme Court has applied the apparent authority doctrine "when officers A-3707-15T3 32 enter without a warrant because they reasonably (though erroneously) believe that the person who has consented to their entry is a resident of the premises [.]" Illinois v. Rodriguez, 497 U.S. 177, 186 (1990) (emphasis added); see also Georgia v. Randolph, 547 U.S. 103, 109 (2006) (noting that police may reasonably rely upon consent given by "a co-occupant whom the police reasonably, but erroneously, believe to possess shared authority as an occupant" (emphasis added)). | 3 | 3 |
Georgia v. Randolphgreen2 sentences2019The United States Supreme Court has applied the apparent authority doctrine "when officers enter without a warrant because they reasonably (though erroneously) believe that the person who has consented to their search is a resident of the premises[.]" Rodriguez, 497 U.S. at 186 (emphasis added); see also Georgia v. Randolph, 547 U.S. 103, 109 (2006) (noting that police may reasonably rely upon consent given by "a co-occupant whom the police reasonably, but erroneously, believe to possess shared authority as an occupant." (emphasis added)). 2018The United States Supreme Court has applied the apparent authority doctrine "when officers A-3707-15T3 32 enter without a warrant because they reasonably (though erroneously) believe that the person who has consented to their entry is a resident of the premises [.]" Illinois v. Rodriguez, 497 U.S. 177, 186 (1990) (emphasis added); see also Georgia v. Randolph, 547 U.S. 103, 109 (2006) (noting that police may reasonably rely upon consent given by "a co-occupant whom the police reasonably, but erroneously, believe to possess shared authority as an occupant" (emphasis added)). | 2 | 2 |
Stoner v. Californiagreen2 sentences2019The Court has warned in this context that Fourth Amendment rights must not be "eroded . . . by unrealistic doctrines of 'apparent authority.'" Stoner v. California, 376 U.S. 483, 488 (1964). 2018The Court has warned in this context that Fourth Amendment rights must not be "eroded . . . by unrealistic doctrines of 'apparent authority.'" Stoner v. California, 376 U.S. 483, 488 (1964). | 2 | 2 |
Seacoast Realty Co. v. West Long Branch Boroughgreen2 sentences2020Long Branch Borough, 14 N.J. 1995Seacoast Realty, supra, 14 N.J.Tax at 203 n. 2. | 1 | 2 |
Moody v. EMC Services, Inc.green1 sentence2021Inc., 828 S.W.2d 237, 241 (Tex. App. Ct. 1992)). | 1 | 1 |
Black Whale, Inc. v. Director, Division of Taxationgreen2 sentences2006See Black Whale v. Director, Div. of Taxation, 15 N.J.Tax 338, 352-56 (Tax 1995) (“The doctrine of apparent authority does not apply to agents of the state.” Id. at 352 .). 2006See Black Whale v. Director, Div. of Taxation, 15 N.J.Tax 338, 352-56 (Tax 1995) (“The doctrine of apparent authority does not apply to agents of the state.” Id. at 352 .). | 1 | 1 |
Terry v. Ohiogreen2 sentences1993Specifically, the fact-sensitive determination accompanying an application of the apparent authority rule shall "`be judged against an objective standard: would the facts available to the officer at the moment * * * "warrant a [person] of reasonable caution in the belief"' that the consenting party had authority [to consent to a search of luggage in the trunk of a car]?" Illinois v. Rodriguez, 497 U.S. 177, 188 , 110 S.Ct. 2793, 2801 , 111 L.Ed. 2d 148, 161 (1990) (quoting Terry v. Ohio, 392 U.S. 1, 21-22 , 88 S.Ct. 1868, 1880 , 20 L.Ed. 2d 889, 906 (1968)). 1993Specifically, the fact-sensitive determination accompanying an application of the apparent authority rule shall "`be judged against an objective standard: would the facts available to the officer at the moment * * * "warrant a [person] of reasonable caution in the belief"' that the consenting party had authority [to consent to a search of luggage in the trunk of a car]?" Illinois v. Rodriguez, 497 U.S. 177, 188 , 110 S.Ct. 2793, 2801 , 111 L.Ed. 2d 148, 161 (1990) (quoting Terry v. Ohio, 392 U.S. 1, 21-22 , 88 S.Ct. 1868, 1880 , 20 L.Ed. 2d 889, 906 (1968)). | 1 | 1 |
United States v. William E. Blockgreen2 sentences1993See United States v. Block, 590 F.2d 535, 541 (4th Cir.1978) (stating that the law’s “enclosed spaces,” including suitcases, are frequently objects of one’s highest privacy expectations, and these expectations are heightened when effects such as suitcases are temporarily deposited in public places or placed under control of another). 1993See United States v. Block, 590 F. 2d 535, 541 (4th Cir.1978) (stating that the law's "enclosed spaces," including suitcases, are frequently objects of one's highest privacy expectations, *314 and these expectations are heightened when effects such as suitcases are temporarily deposited in public places or placed under control of another). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Mercer v. Weyerhaeuser Co.
green
2 sentences2021Law Inst. 1958), for support in discussing the doctrine of apparent authority. 324 N.J. 2021The judge relied extensively on our decision in Mercer v. Weyerhaeuser Co., in which future Justice Virginia Long, outlined the contours of the doctrine of apparent authority. 324 N.J. | 1 | 2021–2021 |
Munoz v. II Jaz Inc.
green
1 sentence2021The court rejected the defendant's reliance on the doctrine of apparent authority, noting "[w]hen considering a question of apparent authority, one must look only to the acts of the principal; the acts of A-3519-19 11 the agent are irrelevant." Id. at 209 (citing Moody v. EMC Servs. | 1 | 2021–2021 |
New Jersey Lawyers' Fund for Client Protection v. Stewart Title Guaranty Co.
green
1 sentence2020Lawyer's Fund, 203 N.J. at 220 (quoting Restatement (Third) of Agency § 7.08 cmt. b). | 1 | 2020–2020 |
Sears Mortgage Corp. v. Rose
green
2 sentences2010Therefore “a court must examine the totality of the circumstances to determine whether an agency relationship existed even though the principal did not have direct control over the agent.” Sears, supra, 134 N.J. at 338 , 634 A.2d 74 . 2010Therefore “a court must examine the totality of the circumstances to determine whether an agency relationship existed even though the principal did not have direct control over the agent.” Sears, supra, 134 N.J. at 338 , 634 A.2d 74 . | 1 | 2010–2010 |
American Well Works v. Royal Indemnity Co.
green
2 sentences2003The question *1019 in every case depending upon the apparent authority of the agent is whether the principal has by his voluntary act placed the agent in such a situation that a person of ordinary prudence, conversant with business usages and the nature of the particular business, is justified in presuming that such agent has authority to perform the particular act in question.... [ Legge, Ind. v. Kushner Hebrew Acad., 333 N.J.Super. 537, 560 , 756 A. 2d 608 (App.Div.2000) (quoting American Well Works v. Royal Indemnity Co., 109 N.J.L. 104, 108 , 160 A. 560 (E. & A.1932)).] Thus, a conclusion 2003The question *1019 in every case depending upon the apparent authority of the agent is whether the principal has by his voluntary act placed the agent in such a situation that a person of ordinary prudence, conversant with business usages and the nature of the particular business, is justified in presuming that such agent has authority to perform the particular act in question.... [ Legge, Ind. v. Kushner Hebrew Acad., 333 N.J.Super. 537, 560 , 756 A. 2d 608 (App.Div.2000) (quoting American Well Works v. Royal Indemnity Co., 109 N.J.L. 104, 108 , 160 A. 560 (E. & A.1932)).] Thus, a conclusion | 1 | 2003–2003 |
Legge Ind. v. Kushner Hebrew Acad.
green
2 sentences2003The question *1019 in every case depending upon the apparent authority of the agent is whether the principal has by his voluntary act placed the agent in such a situation that a person of ordinary prudence, conversant with business usages and the nature of the particular business, is justified in presuming that such agent has authority to perform the particular act in question.... [ Legge, Ind. v. Kushner Hebrew Acad., 333 N.J.Super. 537, 560 , 756 A. 2d 608 (App.Div.2000) (quoting American Well Works v. Royal Indemnity Co., 109 N.J.L. 104, 108 , 160 A. 560 (E. & A.1932)).] Thus, a conclusion 2003The question *1019 in every case depending upon the apparent authority of the agent is whether the principal has by his voluntary act placed the agent in such a situation that a person of ordinary prudence, conversant with business usages and the nature of the particular business, is justified in presuming that such agent has authority to perform the particular act in question.... [ Legge, Ind. v. Kushner Hebrew Acad., 333 N.J.Super. 537, 560 , 756 A. 2d 608 (App.Div.2000) (quoting American Well Works v. Royal Indemnity Co., 109 N.J.L. 104, 108 , 160 A. 560 (E. & A.1932)).] Thus, a conclusion | 1 | 2003–2003 |
State v. Suazo
green
1 sentence1993As the majority recognizes, ante at 305, 627 A.2d at 1068 , the apparent-authority rule requires consideration of the reasonableness of Trifari’s belief that Green had authority to consent at the time when search was made. | 1 | 1993–1993 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.