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E.D.Tenn.: Defendant had no separately cognizable expectation of privacy in his grandfather's house where he lived; grandfather could consent to search

By John Wesley Hall, Jr.

Defendant lived with his grandfather, but the living arrangement was such that there was little privacy interest such that the grandfather had common authority to consent to a search. During the suppression hearing, the grandfather referred to his grandson's area as his "living quarters," but it was apparent that he usually walked through it during the day to get around the house. United States v. Cowart, 2009 U.S. Dist. LEXIS 49366 (W.D. Tenn. June 5, 2009)*: Cowart had no property interest in the area in which he lived, whether a tenancy or freehold estate. While ownership is not dispositive as to common authority, someone who lives in a house pursuant to the goodwill of family members might expect a lesser degree of privacy--at least in relation to those owners--than a tenant who pays rent...continue to full post

Full post as published by Fourth Amendment on June 16, 2009 (boomark / email).