Fourth Amendment Violated By Houseguest's Consent to Search

In United States v. Omar Arreguin, 12-50484 (november 22, 2013), the Ninth Circuit held that Appellant's Fourth Amendment rights had been violated when a houseguest gave agents permission to search. Appellant's motion to suppress evidence was denied by the District Court. The Ninth Circuit reversed and remanded, directing the trial court to grant the motion to suppress. The Ninth Circuit found that the agents could not have an objective reasonable belief that a houseguest had apparent authority to consent to a search, the government's protective sweep argument was waived, and the plain view doctrine does not apply.