Hubert v. State

OPINION

in which KELLER, P.J., and WOMACK, JOHNSON, KEASLER, HERVEY, HOLCOMB and COCHRAN, JJ., joined.

In this case, the appellant’s grandfather allowed the police to enter and search the appellant’s bedroom in the house they shared. The question is whether the grandfather had actual authority to consent to the search of the bedroom and, failing that, whether the police could reasonably rely on his apparent authority to consent to the search. We hold that the grandfather had actual authority to consent to a search of the appellant’s bedroom. Because we hold that the grandfather had actual…