W.D.Pa.: Estranged wife still had enough connection to the home to consent to a search after she found bombs

Estranged wife still had enough connection to the home to consent to a search after she found bombs. United States v. Weaver, 2014 U.S. Dist. LEXIS 58384 (W.D. Pa. April 28, 2014):

In general, courts have found that an estranged spouse who resides somewhere other than the marital home may still possess authority to consent to a search of the marital home, if, under the circumstances, the consenting spouse retains a sufficient relationship to the marital home. See, e.g., United States v. Shelton, 337 F.3d 529, 534 (5th Cir. 2003); United States v. Backus, 349 F.3d 1298, 1305 (11th Cir. 2003); United States v. Gevedon, 214 F.3d 807, 811 (7th Cir. 2000); United States v. Trzaska, 859 F.2d 1118, 1120 (2d Cir. 1988); United States v. Crouthers, 669 F.2d 635, 642-43 (10th Cir. 1982); United States v. Long, 524 F.2d 660, 661 (9th Cir. 1975). “Mutual use of property, or joint access or control of property, is generally sufficient.” Trzaska, 859 F.2d at 1120.

Here, the Government has met its burden of showing that Mrs. Weaver voluntarily consented to the entry of Defendant’s garage. Mrs. Weaver called police and asked them to come to the home, explaining that she had discovered bombs in the garage. Mrs. Weaver led police to the garage and showed police where the bombs were located. Mrs. Weaver testified at the suppression hearing that she gave the police permission to search the garage. Mrs. Weaver was a legal owner of the home, and, at the time of the search, had access to and control of the property. Specifically, Mrs. Weaver testified that she was at the home because she needed to secure the home due to Defendant’s incarceration and to take care of the pets that were in the home. Accordingly, she had actual authority to consent to the search.