ID: Roommate did not have actual or apparent authority to consent to a search of defendant’s separate area

Roommate did not have actual or apparent authority to consent to a search of defendant’s separate bedroom and bathroom. State v. Robinson, 152 Idaho 961, 277 P.3d 408 (App. 2012):

The absence of locked doors does not mean that Mr. Daigneau had access to these rooms. While it does make it physically easier for him to enter these rooms, it is not uncommon for residents of a home to leave their bedroom doors unlocked. The fact that each bedroom was private and not communal is strengthened by the fact that each bedroom door was shut prior to the search commencing.

The fact that Mr. Daigneau slept at the residence does not mean that he has the actual authority to authorize the search of the entire residence. The same holds true for the fact that Mr. Daigneau listed the house in question as his residence. The State was aware prior to the search that Mr. Daigneau shared the residence with others. The probation forms list the other residents of the house, police officers on the scene the night before were aware that both [Robinson] and Mr. Daigneau lived at the residence, and the State was aware that Mr. Daigneau did not own the residence.

From these facts it is conclusive that Mr. Daigneau had actual authority only over his own bedroom and to some extent the common areas of the house. The extent of the search at that time should have been limited to communal areas and Mr. Daigneau’s private bedroom. It also must be noted that [one officer] testified that he did not know whose bedroom the back bedroom was.