United States Ninth Circuit

When a co-tenant objects to a search and another party with common authority subsequently gives consent to that search in the absence of the first co-tenant the search is invalid as to the objecting co-tenant. In a prosecution for drug-related offenses, denial of a motion to suppress evidence seized as a result of two searches is affirmed in part and reversed in part where: 1) a protective sweep of storage units following defendant's arrest was justified by an officer's legitimate concern about the potential presence of confederates in the area; but 2) a second search occurring two hours later, after defendant who was residing in the units refused to consent but the officers subsequently obtained consent from the individual who rented the storage units, violated defendant's Fourth Amendment rights.

Appellate Information

• Argued 07/12/2007
• Decided 02/20/2008
• Published 02/20/2008

Judges

• REINHARDT, Circuit Judge:, Before:  ALFRED T. GOODWIN, STEPHEN REINHARDT, and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Vance M. Waliser, Medford, OR, for the defendant-appellant., Karin J. Immergut, United States Attorney, District of Oregon, Judith R. Harper, Special Assistant United States Attorney, Medford, OR, for the plaintiff-appellee.