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Criminal Procedure keyed to Kamisar
Illinois v. Rodriguez
Citation:497 U.S. 177, 110 S.Ct. 2793, 111 L.Ed.2d 148 (1990)
Fischer told police that she had been assaulted by Rodriguez (defendant) and agreed to unlock the front door of Rodriguez’s apartment so police could arrest him. Fischer referred to the apartment several times as “our” apartment, stated that she had clothes are furniture there, and was able to unlock the front door with her key. With Fischer’s consent, officers entered Rodriguez’s apartment and saw drugs and paraphernalia in plain view. Rodriguez was charged with possession of a controlled substance with intent to deliver. The court granted Rodriguez’s motion to suppress the evidence, holding that Fischer did not have common authority over the apartment to consent to the search.
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