CA11: Two men, two beds = common authority over room

When two men shared a room with two beds, one can consent to a search of the whole room. This is joint custody and control. “Marvin had common authority to consent to search his shared bedroom, including Espinoza’s designated side of the room.” As to Espinoza’s suitcase, it was lying open. United States v. Espinoza, 2015 U.S. App. LEXIS 22707 (11th Cir. Dec. 28, 2015).

On a breadth of search question in an IAC proceeding, the trial court’s conclusion that the good faith exception would support admission of a video recording shows that there was no prejudice, despite the fact the trial court found that the warrant did not authorize a search of anything but cell phones. [So much for independent judicial review. The trial court found that the issuing magistrate did not abandon the neutral and detached role. What about the appellate court being a rubberstamp? Don’t be alarmed–this type of lack of real appellate review is common.] State v. Jackson, 2015-Ohio-5490, 2015 Ohio App. LEXIS 5307 (2d Dist. Dec. 29, 2015).*