People v. Posey

SUPPLEMENTAL OPINION ON DENIAL OF REHEARING

In his petition for rehearing, defendant claims that, in making our decision, we have overlooked the arrival of Mr. Parlette in Room 97. He argues that, even if Carol Hepler had sufficient authority over the suitcases to consent to their seizure, (1) defendant did not assume the risk of her exercise of that authority, because his telephone call to Mr. Parlette vested Parlette with the sole authority over the cases, and (2)-defendant objected to her consent by sending Mr. Parlette to Room 97 to remove the suitcases. Defendant’s latter argument is made…