Lastine v. State

The Supreme Court held that law enforcement officers cannot justify a warrantless search of a bedroom inside a home by relying on the consent of a third party when the third party did not have authority to consent and the officers have little to no information about that third party’s authority over the bedroom.At issue in this appeal was whether law enforcement officers cannot rely on the consent of a third party to search a room within a residence without making sufficient inquiries about the parties’ living arrangements within that residence before conducting a warrantless search. The Supreme Court answered in the negative, holding that the district court erred in denying part Defendant’s motion to suppress the evidence obtained as a result of the illegal entry in this case and that the error was not harmless. The Court further directed law enforcement to gather sufficient information about the living arrangements inside the home to establish an objectively reasonable belief that the third party has authority to consent to a search before proceeding with that search without a warrant. View "Lastine v. State" on Justia Law