The KSC also held that the "apparent authority" rule could not save this warrantless search:
the apparent authority rule will save a warrantless search only where officers made a mistake of fact, not where they made a mistake of law. Officer Mora was not mistaken about the facts. . . . Rather Officer Mora reached the erroneous legal conclusion that the facts authorized Hanson to give a valid consent. Under these circumstances, the apparent authority rule does not save the search.I argued this case at the KSC and the Court was very disconcerted by the paltry state of the record where the state had the burden of proof at the suppression hearing. The KSC agreed with Judge Greene that the COA majority erred by relying on the "lack of evidence that Hanson had permanently surrendered control of the premises, that his access had been restricted, or that he was not welcome. It was improper to draw inferences from the lack of evidence in the record." This is a good cite for appeals from adverse suppression findings.