U.S. v. Witzliub

In prosecution on charge of manufacturing and dealing in explosive materials without license, Dist. Ct. did not err in denying defendant’s motion to suppress seizure of “M-80s” found by police in basement of home that defendant shared with his grandmother, where Dist. Ct. could properly find that said search occurred pursuant to consent given by grandmother. Record showed that: (1) police drew defendant outside of home, where defendant denied police request to search home without warrant; and (2) while police were discussing matter with defendant, other officers obtained consent from grandmother who was in home. Ct. rejected defendant’s argument that his consent was required to search basement, where basement was area of home that was shared by both defendant and grandmother.