Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

E.D.N.Y.: Co-tenant lacked common authority to consent to a search of a separate closet, pockets, and closed containers inside

By John Wesley Hall, Jr.

Third party did not have the authority to consent to a search inside a closet in co-tenant's separate bedroom. United States v. Chisholm, 2009 U.S. Dist. LEXIS 140 (E.D. N.Y. January 5, 2009): Relatives with joint access do not automatically have authority to consent to a search of closed containers in a room occupied by a defendant. See United States v. Orejuela-Guevara, 659 F. Supp. 882, 887-89 (E.D.N.Y. 1987) (holding that joint occupant had no common authority over or implied right of access to containers in co-occupant's closet); see also United States v. Davis, 332 F.3d 1163, 1169 (9th Cir. 2003) (tenant did not have authority to consent to search of defendant's gym bag in defendant's bedroom); United States v. Block, 590 F.2d 535, 541 (4th Cir...continue to full post

Full post as published by Fourth Amendment on January 08, 2009 (boomark / email).