Lastine v. State (Nev. Ct. App. – Aug. 30, 2018)
The Fourth Amendment to the United States Constitution and Article 1, Section 18 of the Nevada Constitution provide that the people possess an inviolable right against unreasonable searches and seizures. Under both provisions, warrantless searches are per se unreasonable subject to a few specific exceptions. One such exception is the consent of a third party who has authority over the premises or effects to be searched. The issues are 1) how does a person’s living arrangement within a third party’s residence affect that third party’s legal authority to consent to a search of the other person’s living space, and 2) can law enforcement officers rely upon the consent of a third party to search a room within a residence without asking about the living arrangements within that residence.
On Wednesday, January 7, 2016, Green’s vehicle was rear-ended by a truck while waiting at a traffic light on her drive home from work, and she suffered a whiplash injury. The driver of the truck drove away after striking Green’s car. Green and one witness told first responders they believed the driver was a man.
In the debris field on the road, a Nevada Highway Patrol trooper found a license plate that did not belong to Green’s car. The trooper ran the plate through dispatch and discovered the plate belonged to a truck registered to Andrew Lastine. Due to concurrent jurisdiction in the area, Washoe County Sheriffs Deputy Gamboa headed to the address listed on the truck’s registration.
Continue reading “When can one person consent to the search of another person’s living space?”