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CA11: Parent of adult child had apparent authority to consent under "My house, my rules" doctrine

By John Wesley Hall, Jr.

Parent of adult child living at home had apparent authority to consent under the “My house, my rules” doctrine [my words] of third party consent. United States v. Zarabozo, 2010 U.S. App. LEXIS 9554 (11th Cir. May 10, 2010) (unpublished): We conclude the district court did not err in ruling the evidence taken from Zarabozo's bedroom was admissible, because Zarabozo's mother had apparent authority to consent to the search of his room that led FBI agents to the probable cause they used to obtain a warrant. Zarabozo's mother told FBI agents she was the head of the house and that by living in her house, Zarabozo had agreed he would abide by her rules and let her be "in his business." Zarabozo shared the bedroom with his thirteen-year-old stepsister...continue to full post

Full post as published by Fourth Amendment on May 12, 2010 (boomark / email).