United States v. White, 508 F. App'x 837

Jason White was charged in a three-count indictment in February 2012 with firearm- and drug-related offenses and moved to suppress evidence from his home.
A suppression hearing was held; Ms. Loretta Webster testified for the defense, while police officers testified for the government about events at the residence.
The district court found the officers’ entry into the home was justified by Ms. Webster’s consent and, alternatively, by exigent circumstances.
Crime scene observations included drug paraphernalia in plain view and a handgun located in a safe, and Webster led officers to the location of the gun.
White pleaded guilty to one count conditionally, reserving his right to appeal the denial of the suppression motion.
On appeal, the Tenth Circuit affirmed, holding Webster had actual authority, gave implied consent, and that the consent was voluntary.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Webster's consent justified entry as third-party consent	White asserts no voluntary consent was given	White concedes Webster had authority; consent was voluntary	Affirmed; Webster's consent justified entry
Whether Webster's consent was freely and voluntarily given	Consent was coerced by officers’ presence	Consent freely given; no coercion	Affirmed; consent was voluntary

United States v. Sanchez, 608 F.3d 685 (10th Cir. 2010) (third-party consent requires actual/apparent authority and voluntariness)
United States v. Cos, 498 F.3d 1115 (10th Cir. 2007) (consent may be from third party with authority)
Illinois v. Rodriguez, 497 U.S. 177 (1990) (voluntariness of consent; authority standard for third-party consent)
United States v. Jones, 701 F.3d 1300 (10th Cir. 2012) (implied consent and totality of circumstances analysis)
Schneckloth v. Bustamonte, 412 U.S. 218 (1973) (consent must be voluntary and not coerced)
Payton v. New York, 445 U.S. 573 (1980) (entry into a home is a search; warrant exceptions apply)