Also known as: implied permissions · implied license
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An inferred authorization allowing members of the public to approach a residence in the manner of ordinary visitors. The authorization is limited to actions such as knocking on the front door and does not extend to investigative conduct with specialized tools on protected curtilage.
Authorization for use of an insured vehicle that is inferred from the named insured's conduct or knowledge. Courts find implied permission when a named insured grants unfettered control to an original permittee or continues to allow possession after learning of a violation of an express prohibition.
Each sense below has its own examples, sources, and questions.
An inferred authorization allowing members of the public to approach a residence in the manner of ordinary visitors. The authorization is limited to actions such as knocking on the front door and does not extend to investigative conduct with specialized tools on protected curtilage.
Officers approached Iris Irons's suburban home with a drug-detection dog. They walked the dog along a mulched path between hedges into a secluded backyard garden abutting the back door. The dog alerted at a bench inside the garden. Because the garden formed part of the curtilage, the dog's presence exceeded the limited authorization that would have permitted a visitor merely to knock at the front door. The alert therefore supplied no valid basis for a later warrant.
Authorization for use of an insured vehicle that is inferred from the named insured's conduct or knowledge. Courts find implied permission when a named insured grants unfettered control to an original permittee or continues to allow possession after learning of a violation of an express prohibition.
Select any source to read its text and confirm it supports the definition.
No. The authorization permits only the limited conduct of an ordinary visitor, such as approaching the front door to knock. Bringing a trained detection dog into areas such as side yards, decks, or gardens exceeds that scope and constitutes a search.
Ibrahim Iqbal allowed his adult son to use the family car with no restrictions. The son lent the car to a friend despite an earlier general statement that the friend should not drive. When the friend caused an accident, the insurer denied coverage. The court held that the father's grant of unfettered control created implied permission for the second permittee to drive, so the policy covered the loss.
Granting essentially unfettered control to the first permittee or continuing to allow possession after learning that an express prohibition has been violated will ordinarily support implied permission for the second permittee.
Supporting sources