NV: Def lived with uncle, and uncle lacked apparent authority to consent to a search of his room

Defendant was allegedly involved in a hit and run accident with injury. A license plate fell off his car and was found at the scene of the accident. An officer went to his address and found the apparent damaged vehicle with another matching license plate. The officer did a knock-and-talk and defendant’s uncle answered. Defendant stayed with his uncle. The officer asked for defendant, and the uncle said they could go get him. Once inside they searched defendant’s room finding incriminating evidence: shoes matching the trail from his vehicle to the house. Defendant was an adult living with his uncle. The uncle did not have the authority to consent to a search of his separate room, and it was not reasonable for officers to even think he had apparent authority. Exigent circumstances also do not support the search of the room. The court can’t find this harmless, so the conviction is reversed. Lastine v. State, 134 Nev. Adv. Rep. 66, 2018 Nev. LEXIS 68 (App. Aug. 30, 2018).

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