But the Florida Supreme Court, in a 5-2 decision earlier this year, ruled that in the absence of " exigent circumstances " such as the danger of imminent flight or destruction of evidence, police need a warrant despite the forfeiture law's apparent authority to the contrary.
32.
As a matter of market practice, this issue is dealt with on the understanding that institutions are responsible for their own internal authorisation matters and that any person who is held out as being able to enter into OTC derivative transactions has the apparent authority to do so.
33.
It argues that the second qualification of the subsection, referring to a servant ` aided in accomplishing the tort by the existence of the agency relation, ` merely ` refines ` the one preceding it, which holds the employer vicariously liable for its servant's abuse of apparent authority.
34.
The apparent authority must not be undermined by any limitations on the company's capacity or powers found in the memorandum or articles of association, although in many countries, the effect of this is reduced by company law reforms abolishing or restricting the application of the " ultra vires " doctrine to companies.
35.
"Our decisions make clear that the rights protected by the Fourth Amendment are not to be eroded by strained applications of the law of agency or by unrealistic doctrines of'apparent authority,'" Stewart wrote . " [ I ] t was the petitioner's constitutional right which was at stake here, and not the night clerk's nor the hotel's.
36.
The law relating to companies and to ostensible authority are in reality only a sub-set of the rules relating to apparent authority and the law of agency generally, but because of the prevalence of the issue in relation to corporate law ( companies, being artificial persons, are only ever able to act at all through their human agents ), it has developed its own specific body of case law.
