Police officer who was also husband of defendant considered co-owner and shared common authority to authorize consent search of vehicle: LYNN V. COM. (COA 6/20/2008)

LYNN v. COMMONWEALTH
CRIMINAL:  Consent search by person who shared common authority of vehicle affirmed
2007-CA-001131
TO BE PUBLISHED: AFFIRMING
PANEL: THOMPSON PRESIDING; CAPERTON, LAMBERT CONCUR
FAYETTE COUNTY
DATE RENDERED: 6/20/2008

CA affirmed TC’s denial of Lynn’s motion to suppress drug evidence found in her vehicle. Here, the police searched the Defendant’s vehicle following her arrest for assault and violation of a domestic violence order. TC held that search was proper under the search incident to arrest and automobile exceptions to the warrant requirement. CA affirmed on other grounds, holding that the co-owner of the vehicle (a police officer and husband of Defendant) properly consented to the search because he shared common authority over the car.

Digested by Scott C. Byrd