Question
A defendant, who is divorced, lives with her 11-year old daughter. One night, the defendant went out to dinner and left her daughter at home.
A defendant, who is divorced, lives with her 11-year old daughter. One night, the defendant went out to dinner and left her daughter at home. Upon leaving the house, the defendant locked the door to her bedroom. While the defendant was gone, the daughter found a spare key to her mother's bedroom and opened the door. While rummaging through her mother's dresser, she found a bag containing white powder. Concerned that the bag might contain drugs, the daughter called her father, who still owned the home along with the defendant, to ask his advice. The father instructed her to call the police. The daughter then telephoned the police station and reported what she had found. A patrol car was immediately dispatched to her home. The daughter allowed the police to come inside and led them to her mother's bedroom. She gave the officers the bag, which they took to the station house for a lab test. After the results confirmed that the bag contained cocaine, the defendant was arrested and charged with illegal possession of a controlled dangerous substance. The defendant's attorney has filed a motion to prevent the cocaine from being admitted into evidence. The motion should be
denied, because the daughter lived with her mother, and she had equal control over the premises
denied, because the daughter, and her father, as co-owner, had the authority to allow the police inside the home and to make the seizure
granted, because the daughter, as a minor, did not have apparent authority to permit the police to enter the home
granted, because the daughter did not have apparent authority to permit the police to enter the defendant's bedroom
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