U.S. v. Richards

In prosecution on drug and unlawful possession of firearm charges, Dist. Ct. did not err in denying defendant’s motion to suppress drugs seized from defendant’s bedroom located in 86-year-old relative’s home, where record showed that relative consented to police search of bedroom while police were seeking to enforce arrest warrant for another individual. While defendant claimed that relative was too mentally infirm to give valid consent, Dist. Ct. could rely on testimony of officers, who stated that relative was not experiencing symptoms of dementia or of intoxication at time consent was given. Fact that relative did not recall during suppression hearing all events surrounding defendant’s arrest at relative’s home did not require different result. Moreover, while relative did not have actual authority to give consent to search defendant’s bedroom, which, at times, was locked with padlock, police could have held reasonable belief that relative had apparent authority to consent to search, where relative owned home, and where defendant’s bedroom was unlocked at time of search.