Can a tenant allow entry where the co-tenant fails to expressly consent, but does not object?

Legal Concepts and Case Law

1. Consensual entry into a residence
2. Probable cause to arrest
3. Searches incident to arrest
4. Consensual search of a residence
5. Search warrants for a residence
6. Warrantless opening of a cellphone upon its impoundment

United States v. Lowe (District of Nevada; Sep. 20, 2024) 2014 U.S. Dist. LEXIS 145457 (District of Nevada; Oct. 10, 2014) 2014 U.S. Dist. LEXIS 145458

Rule: A tenant of a residence may give his or her consent for police to enter a residence absent a co-tenant’s objection. A victim’s report to police of abuse, particularly when supported by visible injuries, supplies the necessary probable cause to arrest. A suspect’s person may be searched without a warrant when incident to arrest. A search warrant to search a residence is valid upon a showing of probable cause. A defendant’s cellphone may be physically opened upon impoundment for the purpose of removing its battery and memory card, and recording ....