The government failed to prove common authority by the consenter, defendant’s mother, for a search of the adult defendant’s separate bedroom. Common authority is far more readily found when the child is a minor, but not when the child is an adult. Also, a warrant for defendant’s arrest permitted an entry and there was reasonable suspicion for a protective sweep. United States v. Gonzalez-Espinal, 2017 U.S. Dist. LEXIS 81376 (D.P.R. May 26, 2017).
Asleep at the side of the highway with no one else in the car justified the inference defendant drove there on his own, and he was found under the influence. That led to his arrest and search of the car. United States v. Rolley, 2017 U.S. Dist. LEXIS 81186 (W.D. Ky. May 25, 2017).*