S.D.Ind.: Def’s father could consent to search of his bedroom in the home

Defendant was an adult, and he lived with his parents. His father had the apparent authority to consent to a search of his room. There were no precautions to protect his privacy in the household. United States v. Hernandez, 2016 U.S. Dist. LEXIS 52556 (S.D.Ind. April 19, 2016):

Jose Hernandez owned the house where Defendant resided. Defendant shared the residence with his parents. His parents had access to the entire house, including his bedroom. There was no lock on Defendant’s bedroom door, and when Jose Hernandez led the FBI agents to the bedroom, the door was open, not closed. Additionally, Defendant did not help pay for the household bills or pay rent to his parents, which arguably could have provided a greater expectation of privacy. The relationship between Jose Hernandez and Defendant was “especially close”—a father and son. Each of these facts supports the conclusion that Jose Hernandez had apparent authority to consent to the search of Defendant’s room.