Commonwealth v. Hernandez
Appeals Court, April 27, 2018
(Search and Seizure/Third party consent)
A defendant's coinhabitant may consent to a warrantless search of a closed, unlocked suitcase located in a common closet of a bedroom the coinhabitant shared with that defendant.
In this case, the police were called to a one bedroom apartment for a report of domestic violence. When the officer arrived, a woman who shared the apartment with the defendant, lead the officer to a suitcase in the bedroom closet containing a firearm.