Kevin Duane Drisdale v. State
03-15-00053-CR
| Tex. App. | Sep 8, 2015Background
- Kevin Duane Drisdale was indicted for possession with intent to deliver cocaine (4–200 g); he pleaded guilty after a denied suppression motion and received a 20-year sentence, reserving appeal on the suppression ruling.
- Police responded to a 911 hang-up; Brenda Layton flagged them down and reported the Appellant had slapped her, disabled her phone during a 911 call, and was selling drugs in the apartment.
- Both Layton and Drisdale were on the apartment lease and jointly occupied the premises; Layton told officers the drugs were in a brown box in the apartment.
- Drisdale left voluntarily to go to the gym; while he was absent Layton consented (verbally and then in writing) to officers entering to look for her phone, keys, and the brown box.
- Officers saw an open brown box in a shared closet, asked Layton to confirm and to open it; she consented and the box contained suspected crack cocaine and drug paraphernalia.
- Drisdale later returned, retrieved headphones, pointed out the hidden phone, did not object to the prior consent or to the opening of the box, and was arrested for interference with 911 and then for drug possession.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court erred denying suppression where co-tenant consented in appellant's absence | Layton, as joint leaseholder and occupant, had actual and apparent authority to consent to search of apartment and box; consent covered the box and was voluntary | Drisdale argued the search exceeded Layton's authority as to the closed brown box and that his absence made her consent insufficient against him | Court upheld denial: Layton had actual/apparent authority; officers reasonably relied on her consent; search within scope and Drisdale did not object on return |
Key Cases Cited
- United States v. Matlock, 415 U.S. 164 (1974) (third-party with common authority can consent to warrantless search)
- Georgia v. Randolph, 547 U.S. 103 (2006) (present occupant's refusal overcomes absent co-tenant's consent)
- Florida v. Jimeno, 500 U.S. 248 (1991) (scope of consent judged by objective reasonable interpretation)
- Hubert v. State, 312 S.W.3d 554 (Tex. Crim. App. 2010) (standards for reviewing consent and apparent authority in Texas)
- Copeland v. State, 399 S.W.3d 159 (Tex. Crim. App. 2013) (discussing third-party consent limits)
- Valtierra v. State, 310 S.W.3d 442 (Tex. Crim. App. 2010) (scope of consent and reasonable expectations of search boundaries)