It was Father's Day this Sunday, so it's a good time for a post about family relationships. As a jumping off point, I'll use a case that was recently highlighted in one of the clipping services to which I subscribe. The case is State v. Hubert, __ S.W.2d __, 2010 WL 2077166 (Tex. Ct. Crim. App. May 26, 2010), and the basic facts are as follows. The defendant was on parole and lived with his grandfather. The grandfather told the defendant's parole officer that the defendant was violating the terms of his parole by "driving without a license, [leaving] the state, and [possessing] firearms." Officers arrested the defendant on the front porch of the grandfather's house, then asked the grandfather for consent to search the home. The grandfather gave consent, and opened the door of the defendant's bedroom for the officers, who found guns and ammunition in the room. The defendant was charged with possession of a firearm by a felon, and he moved to suppress, contending that his grandfather lacked authority to consent to a search of the defendant's room. The motion was denied by the trial court, but after the defendant was convicted, an intermediate appellate court reversed. The Texas Court of Criminal Appeals, however, reversed again and reinstated the defendant's conviction. The court noted that some cases "have followed the view that, when two autonomous adults jointly occupy a dwelling and have separate bedrooms, each occupant generally has a higher expectation of privacy in his or her own [...]
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