Question
Investigator Lockemup gets a call to a domestic disturbance between Kim and Kevin Rowdee. Upon arrival, Lockemup gets information from other officers on scene that
Investigator Lockemup gets a call to a domestic disturbance between Kim and Kevin Rowdee. Upon arrival, Lockemup gets information from other officers on scene that Kim and Kevin have been in a domestic disturbance and Kim's son called the police. Kim has red marks on her neck and a busted lip. She states that she and Kevin were arguing because he accused her of having an affair. She stated that Kevin has a hot temper and gets paranoid when he does methamphetamine. She said he had smoked some meth earlier in the day and then there was a hang-up call to her cell phone. He flew into a rage about some other man and then began hitting and choking her. Kim's son confirmed this story. Kevin is arrested for domestic violence and taken to the police department for booking. Lockemup asks Kim for permission search the house for methamphetamine. Kim gives voluntary consent to search the residence for drugs. After a thorough search, Lockemup finds a large quantity of methamphetamine in Kevin's tool shed, bedroom, and living room. At trial, Kevin's attorney files a motion to suppress the evidence found, stating that Kim does not have the authority to consent to the search of Kevin's residence. She and her son were merely overnight guests and had no actual rights to the home. Will the evidence be admissible against Kevin? Why or why not?
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