United States v. Mesa Rith
1999 Colo. J. C.A.R. 1296, 51 Fed. R. Serv. 3d 197, 164 F.3d 1323 (1999)
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Rule of Law:
A third party has authority to consent to a search of a property if they have either (1) mutual use of the property by virtue of joint access, or (2) control for most purposes over it. A parent-child relationship creates a rebuttable presumption that the parent has control for most purposes over the entire home, including the bedroom of a resident, non-rent-paying adult child.
Facts:
- Mesa Rith's parents, Sam Rith and his wife, became concerned after seeing their 18-year-old son, Mesa Rith, bring guns into their home.
- They observed him conceal one of the guns in a garbage can outside the house.
- Fearing the guns were stolen and that their son was involved in a gang, Sam Rith contacted the police.
- Sam Rith gave police explicit permission to search the family home for the guns and provided them with a house key for entry.
- Sam Rith informed the officers that his son, Mesa Rith, lived in the home and did not pay rent.
- When police arrived, Mesa Rith was on the porch and initially told them they could not search without a warrant.
- After an officer showed Rith the house key his father had provided, Rith said, "Okay, come in."
- Inside, Rith told officers that he had one gun and that it was located in his downstairs bedroom, under the mattress.
Procedural Posture:
- The United States prosecuted Mesa Rith in the U.S. District Court for the District of Utah for possession of an unregistered sawed-off shotgun.
- Rith filed a pre-trial motion to suppress the shotgun and his incriminating statements, arguing the search was unconstitutional and his statements were improperly obtained.
- The district court denied the motion to suppress the shotgun but suppressed some of the statements made before Rith received Miranda warnings.
- Following a trial, a jury found Rith guilty.
- Rith, as appellant, appealed his conviction to the United States Court of Appeals for the Tenth Circuit, challenging the district court's rulings.
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Issue:
Does a parent's consent to search their home extend to the bedroom of their resident, non-rent-paying, adult child, even when the child is present and objects to the search?
Opinions:
Majority - Murphy, Circuit Judge.
Yes, a parent's consent to search their home extends to the bedroom of their resident, non-rent-paying, adult child, even over the child's objection. The court's reasoning has two parts. First, under United States v. Matlock, a co-occupant's objection does not invalidate the valid consent given by another person who possesses common authority over the premises. The others have assumed the risk that one of their number might permit a search. Second, Rith's parents had the authority to consent to the search of his bedroom. The court established a disjunctive test: authority exists if the third party has either (1) mutual use of the property by virtue of joint access, or (2) control for most purposes over it. While there was no evidence of the parents' 'mutual use' of the room, the parent-child relationship creates a presumption of 'control for most purposes' over the entire home. Because Rith did not pay rent, had no lock on his door, and had no agreement for exclusive privacy, he failed to rebut this presumption, making his parents' consent valid for his bedroom.
Analysis:
This decision clarifies the Tenth Circuit's standard for third-party consent searches by establishing a clear, two-part disjunctive test focusing on either mutual use or control for most purposes. It solidifies the principle that relationships like parent-child create a strong, albeit rebuttable, presumption of control, diminishing the expectation of privacy for adult children living at home without a formal rental agreement. This gives law enforcement a clearer framework in domestic situations, as parental consent can often override an adult child's objection to a search of their private space within the family home.
