United States v. Bass

Rule of Law:

Under the Fourth Amendment, a warrantless search of a closed, unlocked container is permissible if police obtain consent from a third party whom they reasonably believe has common authority over the premises and the container, based on the totality of the circumstances.

Facts:

• Christopher Bass lived in a trailer with his girlfriend, Jessica Ramsey.
• Police began surveillance of the trailer after receiving a tip.
• After observing Bass leave the residence, police followed and arrested him for possessing drug paraphernalia and methamphetamine found in his vehicle.
• Officers returned to the trailer and were met by Ramsey, who told them she lived there with Bass.
• Ramsey, though initially hesitant, became cooperative upon learning Bass was in custody, expressing relief because he had been verbally abusive.
• Police informed Ramsey they were looking for illegal items and she orally consented to a search of the entire trailer.
• During the search of the living room, an officer found a black leather zipper bag on the floor.
• The officer opened the unlocked bag and discovered a revolver inside.

Procedural Posture:

• Christopher Bass was charged in the U.S. District Court for the District of Colorado with two counts of being a felon in possession of a firearm.
• Bass filed a motion to suppress the revolver found in the zipper bag, arguing his girlfriend's consent to the search was not voluntary and she lacked authority.
• The district court (the trial court of first instance) denied the motion to suppress.
• A jury convicted Bass on the count related to the revolver but acquitted him on the count related to two other rifles.
• The district court imposed a sentence of 94 months, which included enhancements for conduct related to the acquitted charge.
• Bass, as appellant, appealed his conviction and sentence to the U.S. Court of Appeals for the Tenth Circuit, challenging the denial of his suppression motion.