CA5: Def’s girlfriend has actual authority to consent to a search even though she was moving out

“Valenzuela had actual authority to consent to the search, or at the very least, the officer had a reasonable belief she had common authority over the residence. E.g., United States v. Matlock, …; see also Illinois v. Rodriguez, …. Valenzuela called officers to the scene to help retrieve her belongings from inside the home. One of the officers was familiar with Valenzuela’s living situation because he had been called to the residence in the past. He also knew she was Cano’s girlfriend, and that she stored belongings in the house. Viewing this evidence in the light most favorable to the Government, the officers had a reasonable belief Valenzuela had common authority over the residence and was, therefore, able to consent to their entry.” United States v. Cano, 2017 U.S. App. LEXIS 24654 (5th Cir. Dec. 6, 2017).

Defendant was stopped for a traffic offense and left the door open, and a gun was visible in plain view. State v. King, 2017-Ohio-8910, 2017 Ohio App. LEXIS 5333 (2d Dist. Dec. 8, 2017).*

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