βAt the very core of the Fourth Amendment stands the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion. A warrantless search is the quintessential intrusion and is presumptively unreasonable. The government can rebut that presumption by showing that the police, despite lacking a warrant, were permitted to undertake the search by someone with authority. Such consent need not come from the target of the search. It may come from a third party who possesses common authority over the premises or effects sought to be inspected. Common authority does not refer to some kind of technical property interest. It arises simply from mutual use of the property by persons generally having joint access or control for most purposes, so that it is reasonable to recognize that any of the co-inhabitants has the right to permit the inspection in his own right and that the others have assumed the risk that one of their number might permit the common area to be searched. Even a person who does not actually use the property can authorize a search if it is reasonable for the police to believe she uses it. Such apparent authority is sufficient to sustain a search because the Fourth Amendment requires only that officers’ factual determinations in such situations always be reasonable, not that they always be correct.β β United States of America v. Davon Peyton (internal quotes and cites omitted)
Some of the stories and poems may be inappropriate for persons under 16
- A Dog by the Ears
- Abrumpo
- After the Dreaming
- All the Sobbing Cops
- apple strudel
- As I Command
- At Kahun, for the Health of the Mother and the Child
- Breaking Leather on the Dog
- burning man
- Candlelight and Flowers
- Casserole Man
- Christmas Pictures
- Dead Bob
- Dehiscence
- Descartes’ Dreams – Intro
- Desserts for the Reading of the KJV
- Dolomite
- Dropping back to Punt
- Eighth Dream – The Lion Sleeps Tonight
- eleanor in uncertain way, pulling
- Entomology
- Exit Interview
- Extinguisher (with Unpacking the Object)
- Fifteen Small Apocalypses
- Fifteenth Dream – The, uh, target
- Final Edit
- First Bundle of Documents (from The Olive Drab Footlocker)
- First Dream – Puttin’ on the Ritz
- FOMO on BLM
- Fourteenth Dream – By the Waters of Babylon
- Fourth Dream – Motherless Child
- Franny & Toby
- Gnats
- Grilled Cheese Sandwich with Pickles and Fries
- Guys Come in Three Sizes
- High Street: Lawyers, Guns & Money in a Stoner’s New Mexico
- Howl
- Introduction
- Karen and the Dropout
- Kimberly!
- King of the Wire Rings
- latrodectus, loxosceles, lycosa tarentula
- Lawn
- Legal Advice
- Liberation
- Linear Perspective
- Lost Things and Missing Persons
- mama when she’s really pretty
- Metronome
- My Friend!
- Ninth Dream – Descartes’ Dreams
- Poems 2001-2010
- Rag Doll
- Road Rave
- Sandhills
- Saved
- Shelving
- Shod
- Sixteenth Dream – Scoring Six Hits
- Tahoe
- Taking Calls
- Tale of the Tribe
- Tenth Dream – The Vicissitudes of the Seasons
- The Comedian
- The Congenital Fiance
- the german for it, the french
- The Gordon Lish Notes
- The Hole of Sharon
- The Italian Story
- The Lock
- The Take-Out
- the talking french cat
- The Tellings
- The Tiny Toy Train
- The Usual Story
- The Well-Molded Military Brick
- The Year Our Children Left
- Third Dream – A Thousand Times No
- Three Very Short Fictions
- Tossing Baby to the Tiger
- Twelfth Dream – Fantod
- Vitrine
- Wednesday
- What Coy Said
- Who, what, etc.
- Yellowjacket
- Yttat
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