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LEGAL

RESEARCH

Frazier v. Cupp

Facts

The defendant and co-defendant were arrested for murder. An officer asked the codefendant for consent to search a duffle bag used by both defendants. He consented and evidence was found incriminating the defendant.

Issue

Whether a joint user of a container has the authority to consent to a search

Held

Yes. Persons with a reasonable expectation of privacy in a container can grant consent to search it.

Discussion

The defendant and the co-defendant were using the duffle bag jointly. Since the codefendant was a co-user of the bag, he had authority to consent to its search. The defendant, in allowing the co-defendant to use the bag and in leaving it in his house, assumed the risk that the co-defendant would allow someone else to look inside.

Citation

394 U.S. 731, 89 S. Ct. 1420 (1969)

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