United States v. Raymond Aghedo
159 F.3d 308, 1998 WL 749080, 1998 U.S. App. LEXIS 27517 (1998)
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Rule of Law:
A third party has actual authority to consent to a search of a guest's private room when that third party has joint access or control over the premises, evidenced by factors such as being the sole lessee, having unrestricted physical access, and regularly using the space for personal activities like cleaning and storage.
Facts:
- Raymond Aghedo was living as a guest, rent-free, for approximately six months in an apartment leased solely in the name of Adeniji Dairo.
- Aghedo's brother was the father of one of Dairo's children.
- The door to Aghedo's room was never locked, and Dairo had free access to it.
- Dairo regularly entered Aghedo's room to clean it and also stored some of her own clothing in the dressers located there.
- After agents arrested Aghedo, they went to Dairo's apartment, where she signed a form consenting to a search of the entire apartment.
- Aghedo was present at the time Dairo signed the consent form and did not object.
Procedural Posture:
- Raymond Aghedo was charged in a federal indictment with using the mail to defraud and possessing credit cards with intent to defraud.
- In the U.S. District Court, Aghedo filed a motion to suppress a notebook found during a search of his room.
- The district court denied the motion to suppress, finding the host, Dairo, had actual authority to consent to the search.
- Following the denial of the motion, a jury found Aghedo guilty on the charges.
- Aghedo appealed the district court's denial of his suppression motion to the U.S. Court of Appeals for the Seventh Circuit.
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Issue:
Does a third-party co-habitant have actual authority to consent to a warrantless search of a guest's bedroom, including the area under the mattress, when she is the sole lessee and maintains joint access and control over the room?
Opinions:
Majority - Ripple, Circuit Judge.
Yes. A third-party co-habitant has actual authority to consent to a warrantless search of a guest's bedroom where she maintains joint access and control. Common authority under United States v. Matlock is established by the mutual use of the property. Here, Dairo's authority was established because she was the sole lessee, she routinely entered the room to clean it, she stored personal items there, and the room was never locked, giving her plenary access. Aghedo's failure to object when Dairo gave consent further undercut his claim. Because Dairo had complete access and control, her general consent to search the apartment reasonably extended to the entire bedroom, including the area under the mattress where items related to the investigation could be hidden.
Analysis:
This decision reinforces and clarifies the 'common authority' doctrine from United States v. Matlock, applying it specifically to a guest-host living arrangement. It establishes that a guest's expectation of privacy is significantly diminished when the host retains and exercises joint access and control over the guest's living space. The court's emphasis on factors like being the sole lessee, regular entry for cleaning, and personal storage provides a clear framework for lower courts to assess actual authority. This precedent makes it more difficult for individuals in informal living situations to successfully challenge third-party consent searches.
