CA11: Parent of adult child had apparent authority to consent under “My house, my rules” doctrine

Parent of adult child living at home had apparent authority to consent under the “My house, my rules” doctrine [my words] of third party consent. United States v. Zarabozo, 378 Fed. Appx. 939 (11th Cir. 2010) (unpublished):

We conclude the district court did not err in ruling the evidence taken from Zarabozo’s bedroom was admissible, because Zarabozo’s mother had apparent authority to consent to the search of his room that led FBI agents to the probable cause they used to obtain a warrant. Zarabozo’s mother told FBI agents she was the head of the house and that by living in her house, Zarabozo had agreed he would abide by her rules and let her be “in his business.”

Zarabozo shared the bedroom with his thirteen-year-old stepsister. Zarabozo’s mother told the FBI agents she often went into the room to clean and straighten it. He kept the door to the room ajar. His mother repeatedly entered and exited Zarabozo’s bedroom, retrieving and replacing various items, during her interview with the FBI agents. Zarabozo’s mother opened Zarabozo’s mail and told FBI agents Zarabozo gave her the code to the lockbox for his gun, which he kept in his room. His mother made no mention that Zarabozo paid her $ 300 per month in rent. The district court found Zarabozo’s mother’s voluntarily showed the FBI agents into Zarabozo’s room and opened the lockbox for them without being asked. All of these events made it appear that Zarabozo’s mother exercised authority over Zarabozo’s space and belongings.