Estranged Wife Lacked Authority to Consent to Search of Husband's Motel Room

U.S. v. Arrington, 2008 WL 4561465 (10/14/08) (unpub'd) - A suppression victory with the government's concession. The 10th reverses suppression denial on actual authority to consent grounds. Estranged couple rented hotel room to discuss differences. The defendant brought in several pieces of luggage. His wife brought in her purse and cell phone. The wife left the room carrying her belongings after the defendant threatened to shoot himself if she left. Not following through on his threat, the defendant shortly thereafter asked the hotel clerk to remove his wife's name from the guest registry. The police later that day arrested the defendant on stalking charges after he went outside. Officers eventually convinced the hotel desk clerk to let the wife have access to the hotel room so that they could search it for any firearms, after the trusty clerk initially adamantly refused to give the wife the room key.

The 10th concluded the wife did not have actual authority to consent to a search of the room. First, she did not have mutual use of the room because she only spent 20 minutes in the room, she did not have a key, she did not leave any personal belongings and the clerk refused to let her enter until officers intervened. Second, the wife didn't have "control for most purposes." The presumption of control raised by a husband-wife relationship was rebutted where the couple was estranged and the defendant requested that his wife's name be taken off the registry. Their relationship was not close enough to allow the presumption.