Third Party Consent Search: PERKINS V. COM. (COA 10/5/2007)

PERKINS V. COM.
CRIMINAL: THIRD PARTY CONSENT TO SEARCH

2006-CA-000934
PUBLISHED: AFFIRMING
PANEL:  COMBS PRESIDING; ACREE AND HENRY CONCUR
COUNTY: KNOTT
DATE RENDERED: 10/05/2007

TC properly denied Perkin’s motion to suppress evidence resulting from the KSP’s knock and talk and from the subsequent warrantless search at his residence. The police had the consent of Defendant’s son to enter the house and it was made voluntarily. It was reasonable for the officers to believe that the son had the apparent authority to consent to their entry into the residence. An exception to the warrant requirement exists if valid consent has been obtained from a third party, generally one who shares common authority over the premises to be searched. The court also found that Perkins voluntarily admitted to the officers that he possessed illegal substances and that he then voluntarily consented to a search of his person and of his bedroom. Defendant waived the chain of custody issue by failing to raise same at trial.

Digested by Scott C. Byrd
Olgin and Byrd

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