State v. White

Schultheis, A.C.J.

¶1 Paul White was convicted of manufacturing methamphetamine on his mother’s property after his motion to suppress was denied. On appeal, Mr. White argues that police could not rely on a neighbor’s consent to search his mother’s property, despite the limited authority of that third party, because he was present and had at least common authority not to consent, and he attempted to assert that right. He also contends that entry was not justified for community caretaking reasons. We agree and reverse.

FACTS

¶2 Mr. White’s mother, Janet White, owns real property and a residence in…