People v. Loomis

Hurlbutt and Martoche, JJ. (dissenting).

Because we disagree with the conclusion of the majority that defendant’s sister had “common authority” over the dresser searched with her consent, we respectfully dissent.

“Common authority is, of course, not to be implied from the mere property interest a third party has in the property. The authority which justifies the third-party consent does not rest on the law of property, . . . but rests rather on mutual use of the property by persons generally having joint access or control for most purposes, so that it is reasonable to recognize that any of the…