What is the test for consent to a search in a common room?
MultiRegion, United States of America
The following excerpt is from U.S. v. McGee, 564 F.3d 136 (2nd Cir. 2009):
United States v. Matlock, 415 U.S. 164, 171, 94 S.Ct. 988, 39 L.Ed.2d 242 (1974). Authority to consent to a search rests on "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." Id. at 171 n. 7, 94 S.Ct. 988.
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