State v. Dona Nichoeal Westlake

LANSING, Judge.

The State appeals from the district court’s order granting defendant Dona Niehoeal Westlake’s motion to suppress evidence found in her backpack which was in a motel room that police searched based on consent from a third party. The State contends that the court erred in concluding that under the totality of the circumstances, a third party lacked apparent authority to consent to a police search of the backpack. We affirm.

I

BACKGROUND

The Post Falls Police Department received a tip that a wanted individual, Raymundo Chavez, was in a room at a Coeur d’Alene motel. With a warrant…