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Estranged Wife Lacked Authority to Consent to Search of Husband's Motel Room

By Shari Allison

U.S. v. Arrington, 2008 WL 4561465 (10/14/08) (unpub'd) - A suppression victory with the government's concession. The 10th reverses suppression denial on actual authority to consent grounds. Estranged couple rented hotel room to discuss differences. The defendant brought in several pieces of luggage. His wife brought in her purse and cell phone. The wife left the room carrying her belongings after the defendant threatened to shoot himself if she left. Not following through on his threat, the defendant shortly thereafter asked the hotel clerk to remove his wife's name from the guest registry. The police later that day arrested the defendant on stalking charges after he went outside. Officers eventually convinced the hotel desk clerk to let the wife have access to the hotel room so that they could search it for any firearms, after the trusty clerk initially adamantly refused to give the wife the room key...continue to full post

Full post as published by Tenth Circuit Blog on October 21, 2008 (boomark / email).