Illinois v. Rodriguez

Facts

Gail Fischer, who showed signs of a severe beating, told police officers that she had been assaulted by the defendant. She traveled to an apartment with the police and unlocked the door with her key so that the officers could enter and arrest him. Fischer referred to the apartment as “our” apartment, and gave the officers permission to enter. Officers did not obtain a warrant. At the apartment, they observed drug paraphernalia and containers filled with cocaine. They proceeded to the bedroom, where they found the defendant asleep and discovered additional containers of cocaine. They arrested him and seized the drugs and related paraphernalia.

The defendant moved to suppress all evidence seized at the time of his arrest, claiming that Fischer had vacated the apartment several weeks earlier and had no common authority to consent to the entry. The trial court granted the motion, concluding that Fischer was an “infrequent visitor” at the apartment based upon its findings that Fischer’s name was not on the lease, that she did not contribute to the rent, that she was not allowed to invite others to the apartment on her own, that she did not have access to the apartment when the defendant was away, and that she had moved some of her possessions from the apartment. The Appellate Court affirmed and found it unnecessary to determine whether the officers reasonably believed that Fischer had the authority to consent, because it ruled as a matter of law that a reasonable belief could not validate the entry.