Father Had Apparent Authority to Consent to Search of Adult Son's Computer

U.S. v. Andrus, --- F.3d ----, 2007 WL 1207081(10th Cir. April 25, 2007)

91 year old father’s consent to search son’s computer in the son’s bedroom in the family home was given with apparent authority to consent to a search. Father said he did not go into the bedroom when the door was closed, but if the door was open he felt he could walk in. Door was slightly open when cops got there at 8:30 in the morning–son was at work. ICE computer geek immediately ran software that bypassed the password security.

First the 10th determines that personal computers, like closed suitcases, command a high degree of privacy. Then, in examining third party consent to search a computer, the court will look to whether officers had knowledge about password protection, as an indication of whether a computer is “locked” in the way a footlocker would be; where the computer is located in the house; and other household members’ access to it. The 10th stated:
“The resolution of this appeal turns on whether the officers' belief in [the father's] authority was reasonable, despite the lack of any affirmative assertion by [the father] that he used the computer and despite the existence of a user profile indicating [the D’s] intent to exclude other household members from using the computer. For the reasons articulated below, this court concludes the officers' belief in [the father’s] authority was reasonable.”
The test: “whether the surrounding circumstances could conceivably be such that a reasonable person would doubt [the father’s consent] and not act upon it without further inquiry.”