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TX: Apparent authority presumed from joint occupancy without evidence of express exclusion of others

By John Wesley Hall, Jr.

Texas declines to adopt the apparent authority rationale that all persons living in somebody else’s house have presumptive exclusive authority over their own bedrooms. If somebody lives in somebody else’s house there must be indicia of exclusion, such as locks on the door or an express agreement. Hubert v. State, 2010 Tex. Crim. App. LEXIS 636 (May 26, 2010): Notably, several courts have applied a different test and a different presumption. Mainly, these courts have followed the view that, when two autonomous adults jointly occupy a dwelling and have separate bedrooms, each occupant generally has a higher expectation of privacy in his or her own bedroom. Absent some showing that one occupant has exercised control, retained control, or come to an understanding with other occupants that control will be shared over the others' bedrooms, these courts start from the presumption that an occupant exercises sole control over his own bedroom and has no joint access to others' bedrooms...continue to full post

Full post as published by Fourth Amendment on May 30, 2010 (boomark / email).