Davis v. State (2002)
In Davis v. State, 93 S.W.3d 664, 668 (Tex. App.--Texarkana 2002, pet. ref'd), the Court held that officers were reasonable in concluding that a female, who stated she lived in the one-bedroom residence, had authority to consent to a search.
In the bedroom, officers found a firearm under the bed and, subsequently, Davis was prosecuted for possession of a firearm as a felon.
The trial court overruled Davis's motion to suppress the firearm. Id. at 665, 668.
Later, it was determined that the female who consented to the search was an in-law that stayed with Davis on weekends. Id. at 668.
While she did not have actual authority to consent to the search of the bedroom, the officers were reasonable in believing that a female living in a one-bedroom residence had equal access to the bedroom. Id.