FL2: Common authority to consent did not extend to guest’s backpack

The owner of the place searched had the authority to consent to a search of the bedroom where defendant was sleeping. Defendant was just a short term guest and was asleep when the police came in. The common authority applied to a cigarette pack found on the closet floor. The owner did not, however, have common authority over defendant’s jacket which was identifiable to him. That part is suppressed. Ancrum v. State, 2014 Fla. App. LEXIS 13647 (Fla. 2d DCA September 3, 2014).

The strong smell of ether coming from defendant’s garage coupled with his denial anyone was in the garage when it was obvious there was was probable cause. United States v. Stankee, 2014 U.S. Dist. LEXIS 122310 (N.D. Iowa September 3, 2014).*

The search of defendant’s car producing a screwdriver that was forensically linked to a burglary was unconstitutional either as a search incident or inventory. He was not in the car when arrested, and there was no justification shown for the inventory. The conviction is affirmed, however, because the testifying co-defendant’s testimony that defendant was in on the burglary was plenty sufficient to sustain the conviction. State v. Kozic, 2014-Ohio-3807, 2014 Ohio App. LEXIS 3732 (7th Dist. August 27, 2014).*