{"id":65115,"date":"2026-10-29T13:40:06","date_gmt":"2026-10-29T18:40:06","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=65115"},"modified":"2026-10-29T13:40:06","modified_gmt":"2026-10-29T18:40:06","slug":"tx-18-year-olds-mother-had-apparent-authority-to-consent-to-search-of-room","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=65115","title":{"rendered":"TX: 18 year old&#8217;s mother had apparent authority to consent to search of room"},"content":{"rendered":"\n<p>The 18 year old defendant lived with his mother. When the police were at the house looking for consent to search, she had apparent authority to consent to a search of his room. \u201cWe do not hold that a parent can always consent to search their eighteen-year-old child&#8217;s room. This case is based on the facts presented to us, and courts should still look at the totality of the evidence, as we do here, to determine whether the person who consented had authority or apparent authority.\u201d <a href=\"https:\/\/search.txcourts.gov\/SearchMedia.aspx?MediaVersionID=b891ee2f-4c25-48ce-aa2b-58129206f51c&amp;coa=coscca&amp;DT=OPINION&amp;MediaID=9d9780a2-a5f8-4f13-8c77-22daf212b399\">State v. Suarez<\/a>, 2026 Tex. Crim. App. LEXIS 986 (Oct. 29, 2026).<\/p>\n\n\n\n<p>Defense counsel wasn\u2019t ineffective for not arguing defendant was seized before his interview when it\u2019s apparent he wasn\u2019t. United States v. Williams, 2026 U.S. Dist. LEXIS 246601 (D. Minn. Oct. 27, 2026).*<\/p>\n\n\n\n<p>Without a factual dispute, there\u2019s no need for a suppression hearing. United States v. Guo, 2026 U.S. Dist. LEXIS 246175 (E.D. Cal. Oct. 27, 2026).*<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The 18 year old defendant lived with his mother. When the police were at the house looking for consent to search, she had apparent authority to consent to a search of his room. \u201cWe do not hold that a parent &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=65115\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[30,24,23,111],"tags":[],"class_list":["post-65115","post","type-post","status-publish","format-standard","hentry","category-apparent-authority-2","category-consent","category-ineffective-assistance","category-suppression-hearings"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/65115","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=65115"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/65115\/revisions"}],"predecessor-version":[{"id":65116,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/65115\/revisions\/65116"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=65115"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=65115"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=65115"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}