The Art of Tetman Callis

“At the very core of the Fourth Amendment stands the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion. A warrantless search is the quintessential intrusion and is presumptively unreasonable. The government can rebut that presumption by showing that the police, despite lacking a warrant, were permitted to undertake the search by someone with authority. Such consent need not come from the target of the search. It may come from a third party who possesses common authority over the premises or effects sought to be inspected. Common authority does not refer to some kind of technical property interest. It arises simply from mutual use of the property by persons generally having joint access or control for most purposes, so that it is reasonable to recognize that any of the co-inhabitants has the right to permit the inspection in his own right and that the others have assumed the risk that one of their number might permit the common area to be searched. Even a person who does not actually use the property can authorize a search if it is reasonable for the police to believe she uses it. Such apparent authority is sufficient to sustain a search because the Fourth Amendment requires only that officers’ factual determinations in such situations always be reasonable, not that they always be correct.” – United States of America v. Davon Peyton (internal quotes and cites omitted)