People v. Cosme, 48 N.Y.2d 286 (1979)

Facts

Cosme and Hennessy shared an apartment.  Hennessy called the police and reported that Cosme had a gun and a large quantity of cocaine in the apartment.  Police arrived and Hennessy showed them where the closet was and how to enter the apartment.  Police entered, arrested Cosme, and found the gun and cocaine.

Procedural History

Cosme moved to suppress the evidence seized during the search on the ground that the police had acted without either probable cause or valid consent.  The court denied the motion.

Issue(s)

Did the trial court err in denying the motion to suppress when the consent was given by Hennessy and not Cosme?

Holding(s)

No.

Reasoning/Analysis

The Court found that the police may lawfully conduct a warrantless search when they have obtained the voluntary consent of a party who possesses the requisite degree of authority and control over the premises or personal property in question.  An individual who possesses the requisite degree of control over specific premises is vested in his own right with the authority to permit an official inspection.  We assume the Hennessy was a person with common authority over the premises searched by reason of her equal access.

Judgment/Outcome

The Court affirmed the judgment of the trial court.