United States v. Abel Gilberto Salinas-Cano

SEYMOUR, Circuit Judge.

This case requires that we review the authority of a person other than the owner to consent to a search of a closed suitcase. Abel Gilberto Salinas-Cano entered a conditional plea of guilty to possession with intent to distribute more than 500 grams of cocaine. 1 He contends on appeal that his girlfriend did not have authority to consent to a search of his suitcase in which the cocaine was discovered. For the reasons set out below, we reverse.

I

The relevant facts are essentially undisputed. Mr. Salinas-Cano left his suitcase at his girlfriend’s apartment, where he spent…