NY3: Def’s live-in girlfriend shared premises and had apparent authority to consent

Defendant’s girlfriend with whom he lived had apparent authority to consent to a search of their joint premises. People v. Gray, 2017 NY Slip Op 05873, 2017 N.Y. App. Div. LEXIS 5809 (3d Dept. July 27, 2017).*

There were two search warrants issued for defendant’s cell phone for evidence of a rape of a 15 year old. The first was allegedly never signed issued December 15th and executed December 18th. The process of the search was never completed. A second warrant was issued December 19th. The search was then completed. Whatever the dispute, (1) the issue of the first warrant being unsigned was never presented to the trial court so it’s waived, and (2) the seizure under second warrant was inevitable discovery. State v. Pippin, 2017-Ohio-6970, 2017 Ohio App. LEXIS 3077 (10th Dist. July 26, 2017).*