U.S. v. Garcia

In prosecution on attempted drug distribution charges, Dist. Ct. did not err in denying defendant’s motion to suppress seizure of 13 kilograms of cocaine found in closet of defendant’s apartment, even though defendant argued that his niece lacked authority to grant consent to police to search his apartment. While question was close, police had reasonable belief that niece had authority to consent to police search of said apartment where: (1) niece had key to open defendant’s apartment and regularly used key to take care of defendant’s son; and (2) cocaine was found in closet where niece would have found son’s clothes when preparing son for school. Ct. also noted that defendant reposed unusual degree of trust with niece, which served to support finding that niece had authority to consent to police search of apartment.