Hubert v. State - 13th COA
The trial court improperly denied the defendant's motion to suppress when it found that the alleged co-owner of the home had actual authority to consent to searching the defendant's bedroom. Testimony showed that the defendant co-owned the home with his grandfather, the defendant's bedroom door was always closed, and the grandfather did not sleep in that bedroom nor have a reason to go into it. The grandfather's apparent authority over his grandson's bedroom was ambiguous at best, and a reasonable person in the officer's place would have inquired further. Therefore, the State was unable to present a reasonable basis on which the evidence was obtained. Hubert v. State - 13-08-00093-CR.
