illinois rodriguez argued march decided june respondent arrested apartment charged possession illegal drugs police observed plain view seized officers arrest search warrant gained entry apartment assistance gail fischer represented apartment clothes furniture unlocked door key gave officers permission enter trial granted respondent motion suppress seized evidence holding time consented entry fischer common authority moved apartment also rejected state contention even fischer common authority fourth amendment violation police reasonably believed time entry possessed authority consent appellate illinois affirmed held record demonstrates state satisfied burden proving fischer joint access control purposes respondent apartment required matlock establish common authority pp warrantless entry valid based upon consent third party police time entry reasonably believe possess common authority premises fact pp appellate opinion contain plain statement decision rests adequate independent state ground subject review see michigan long respondent assured fourth amendment government search house occur unless consents search occur unreasonable many factual determinations must regularly made government agents fourth amendment context reasonableness police determination consent enter must judged whether police correct assessment objective standard whether facts available moment warrant person reasonable caution belief consenting party authority premises warrantless entry without inquiry unlawful unless authority actually exists search valid stoner california reconciled pp remand appellate must determine whether police reasonably believed fischer authority consent entry respondent apartment scalia delivered opinion rehnquist white blackmun kennedy joined marshall filed dissenting opinion brennan stevens joined post joseph claps first assistant attorney general illinois argued cause petitioner briefs neil hartigan attorney general robert ruiz solicitor general terence madsen assistant attorney general cecil partee renee goldfarb theodore fotios burtzos michael dreeben argued cause amicus curiae urging reversal brief solicitor general starr assistant attorney general dennis deputy solicitor general bryson james reilly argued cause respondent brief christine curran dianne ruthman rick halprin briefs amici curiae urging reversal filed state california john van de kamp attorney general richard iglehart chief assistant attorney general john sugiyama senior assistant attorney general ronald matthias clifford thompson deputy attorneys general americans effective law enforcement et al gregory evans daniel hales george webster joseph morris jack yelverton fred inbau wayne schmidt bernard farber james manak benjamin waxman jeffrey wiener filed brief national association criminal defense lawyers amicus curiae urging affirmance justice scalia delivered opinion matlock reaffirmed warrantless entry search law enforcement officers violate fourth amendment proscription unreasonable searches seizures officers obtained consent third party possesses common authority premises present case presents issue expressly reserved matlock see whether warrantless entry valid based upon consent third party police time entry reasonably believe possess common authority premises fact respondent edward rodriguez arrested apartment law enforcement officers charged possession illegal drugs police gained entry apartment consent assistance gail fischer lived respondent several months relevant facts leading arrest follows july police summoned residence dorothy jackson south wolcott chicago met jackson daughter gail fischer showed signs severe beating told officers assaulted respondent edward rodriguez earlier day apartment south california fischer stated rodriguez asleep apartment consented travel police order unlock door key officers enter arrest conversation fischer several times referred apartment south california apartment said clothes furniture unclear whether indicated currently lived apartment used live police officers drove apartment south california accompanied fischer obtain arrest warrant rodriguez seek search warrant apartment apartment fischer unlocked door key gave officers permission enter moved door living room observed plain view drug paraphernalia containers filled white powder believed correctly later analysis showed cocaine proceeded bedroom found rodriguez asleep discovered additional containers white powder two open attache cases officers arrested rodriguez seized drugs related paraphernalia rodriguez charged possession controlled substance intent deliver moved suppress evidence seized time arrest claiming fischer vacated apartment several weeks earlier authority consent entry cook county circuit granted motion holding time consented entry fischer common authority apartment concluded fischer usual resident rather infrequent visitor apartment south california based upon findings fischer name lease contribute rent allowed invite others apartment access apartment respondent away moved possessions apartment circuit also rejected state contention even fischer possess common authority premises fourth amendment violation police reasonably believed time entry fischer possessed authority consent appellate illinois affirmed circuit respects illinois denied state petition leave appeal granted certiorari ii fourth amendment generally prohibits warrantless entry person home whether make arrest search specific objects payton new york johnson prohibition apply however situations voluntary consent obtained either individual whose property searched see schneckloth bustamonte third party possesses common authority premises see matlock supra state illinois contends exception applies present case stated matlock supra ommon authority rests mutual use property persons generally joint access control purposes burden establishing common authority rests upon state basis record clear burden sustained evidence showed although fischer two small children lived rodriguez beginning december moved july almost month search issue gone live mother took children clothing though leaving behind furniture household effects period july sometimes spent night rodriguez apartment never invited friends never went home name lease contribute rent key apartment said trial taken without rodriguez knowledge though testified preliminary hearing rodriguez given key facts state established respect south california apartment fischer joint access control purposes contrary appellate determination common authority apartment obviously correct iii state contends even fischer fact authority give consent suffices validate entry law enforcement officers reasonably believed reaching merits contention must consider jurisdictional objection decision rests adequate independent state ground respondent asserts illinois constitution provides greater protection afforded fourth amendment appellate relied upon determined reasonable belief police officers insufficient decision clearly based state law adequate independent review decision michigan long state decision fairly appears rest primarily federal law interwoven federal law require contain plain statement rests upon adequate independent state grounds otherwise accept reasonable explanation state decided case way believed federal law required appellate opinion contains plain statement decision rests state law opinion rely even mention specific provision illinois constitution even illinois constitution generally even illinois cases cited opinion rely upon constitutional provisions fourth fourteenth amendments constitution conclude appellate illinois rested decision federal law merits issue respondent asserts permitting reasonable belief common authority validate entry cause defendant fourth amendment rights vicariously waived brief respondent disagree unyielding insistence defendant waiver trial rights given effect unless knowing intelligent colorado spring johnson zerbst assuredly permit therefore evidence seized violation fourth amendment introduced basis trial mere reasonable belief derived statements unauthorized persons defendant waived objection one must make distinction one hand trial rights derive violation constitutional guarantees hand nature constitutional guarantees said schneckloth vast difference rights protect fair criminal trial rights guaranteed fourth amendment nothing either purposes behind requiring knowing intelligent waiver trial rights practical application requirement suggests extended constitutional guarantee unreasonable searches seizures fundamental objective alone validates unconsented government searches course seizure persons committed commit crimes evidence related crimes reasonableness respect necessary element demand government factually correct assessment search produce warrants need supported probable cause demands proper assessment probabilities particular factual contexts illinois gates magistrate based upon seemingly reliable factually inaccurate information issues warrant search house felon present never present never likely present owner house suffers one inconveniences expose cost living safe society suffer violation fourth amendment another element often though invariably required order render unconsented search reasonable course officer authorized valid warrant also held reasonableness precludes error respect factual judgments law enforcement officials expected make maryland garrison warrant supported probable cause respect one apartment erroneously issued entire floor divided though clearly two apartments upheld search apartment properly covered warrant said validity search respondent apartment pursuant warrant authorizing search entire third floor depends whether officers failure realize overbreadth warrant objectively understandable reasonable unquestionably objective facts available officers time suggested distinction suspect apartment premises upshot officers good faith believed miller hill arrested quite wrong turned subjective belief justify either arrest subsequent search sufficient probability certainty touchstone reasonableness fourth amendment record us officers mistake understandable arrest reasonable response situation facing time many situations confront officers course executing duties less ambiguous room must allowed mistakes part mistakes must reasonable men acting facts leading sensibly conclusions probability stoner california view contrary holding police improperly entered defendant hotel room based consent hotel clerk stated rights protected fourth amendment eroded unrealistic doctrines apparent authority ambiguous course whether word unrealistic descriptive limiting whether condemning unrealistic reliance upon apparent authority whether condemning reliance upon apparent authority unrealistic similarly ambiguous opinion earlier statement substance claim search reasonable police relying upon night clerk expressions consent reasonable basis belief clerk authority consent search ibid substance failed matter law facts possibly support one point opinion seem speak clearly important bear mind petitioner constitutional right stake night clerk hotel right therefore petitioner waive word deed either directly agent true night clerk clearly unambiguously consented search nothing record indicate police basis whatsoever believe night clerk authorized petitioner permit police search petitioner room ibid emphasis added stoner demonstrates hold today suggest law enforcement officers may always accept person invitation enter premises even invitation accompanied explicit assertion person lives surrounding circumstances conceivably reasonable person doubt truth act upon without inquiry factual determinations bearing upon search seizure determination consent enter must judged objective standard facts available officer moment warrant man reasonable caution belief consenting party authority premises terry ohio warrantless entry without inquiry unlawful unless authority actually exists search valid ordered justice marshall dissent rests upon rejection proposition searches pursuant valid consent generally reasonable post warrant exigent circumstances contends produce reasonableness consent validates search object search thereby limit expectation privacy post search becomes really search see basis making artificial distinction describe consented search privacy thus strange extreme must admitted ingenious device explain consented searches lawful explain seemingly consented searches unreasonable constitution forbids see delaware prouse essential purpose proscriptions fourth amendment impose standard reasonableness upon exercise discretion government officials basis contending constitutional standard possibly met argument reasonableness must judged facts rather facts known discussed text argument long since rejected justice marshall justice brennan justice stevens join dissenting dorothy jackson summoned police officers house report daughter gail fischer beaten fischer told police ed rodriguez boyfriend assaulter interview fischer one officers asked rodriguez dealt narcotics fischer respond fischer agree however officers request let rodriguez apartment arrest battery police without warrant despite absence exigency entered rodriguez home arrest result entry police discovered narcotics state subsequently sought introduce drug prosecution rodriguez majority agrees illinois appellate determination fischer authority consent officers entry rodriguez apartment ante holds warrantless entry rodriguez home nonetheless valid officers reasonably believed fischer authority consent ante page majority defense position rests misconception basis consent searches searches give rise claims constitutional violations rests premise reasonable fourth amendment see ante premise person may voluntarily limit expectation privacy allowing others exercise authority possessions cf katz person knowingly exposes public even home office subject fourth amendment protection thus individual decision permit another joint access control property purposes matlock limits individual reasonable expectation privacy extent limits fourth amendment protections cf rakas illinois passenger car lacked legitimate expectation privacy glove compartment decide whether search violate fourth amendment rights someone expectation individual limited expectation privacy police may dispense safeguards established fourth amendment baseline reasonableness search seizure home presence warrant skinner railway labor executives indeed searches seizures inside home without warrant presumptively unreasonable payton new york exceptions warrant requirement must therefore serve compelling law enforcement goals mincey arizona sole law enforcement purpose underlying consent searches avoiding inconvenience securing warrant departure warrant requirement justified simply officer reasonably believes third party consented search defendant home holding otherwise majority ignores longstanding view informed deliberate determinations magistrates searches seizures permissible constitution preferred hurried action officers others may happen make arrests lefkowitz fourth amendment provides right people secure houses shall violated recognized physical entry home chief evil wording fourth amendment directed district eastern district michigan held search seizure carried suspect premises without warrant per se unreasonable unless police show falls within one carefully defined set exceptions coolidge new hampshire exceptions must crafted light warrant requirement purposes stated mcdonald presence search warrant serves high function absent grave emergency fourth amendment interposed magistrate citizen police done shield criminals make home safe illegal activities done objective mind might weigh need invade privacy order enforce law right privacy deemed precious entrust discretion whose job detection crime arrest criminals absence exigency warrantless home searches seizures unreasonable fourth amendment weighty constitutional interest preventing unauthorized intrusions home overrides law enforcement interest relying reasonable potentially mistaken belief third party authority consent search seizure indeed present case illustrates minimal interest avoiding inconvenience obtaining warrant weighs law enforcement side law enforcement interest expediting arrests right man retreat home free unreasonable governmental intrusion silverman sure cases police officers reasonably rely third party consent consent prove valid intrusion result police spared inconvenience securing warrant cases one authority claimed third party false reasonableness police conduct must measured light possibility target consented reason offered obtaining search warrant except inconvenience officers slight delay necessary prepare papers present evidence magistrate constitution demands warrant procedure observed johnson concerns expediting police work avoiding paperwork never convincing reasons circumstances certainly enough constitutional requirement ibid case johnson suspect fleeing likely take flight search permanent premises movable vehicle evidence contraband threatened removal destruction officers case excused constitutional duty presenting evidence magistrate difficult think case required ibid unlike searches conducted pursuant recognized exceptions warrant requirement see supra consent searches based exigency therefore serve compelling social goal police officers faced choice relying consent third party securing warrant secure warrant must therefore accept risk error instead choose rely consent ii prior cases discussing searches based consent never suggested searches reasonable matlock upheld warrantless search conducted pursuant consent third party living defendant rejected defendant challenge search stating person permits others joint access control purposes assume risk persons might permit common area searched see also frazier cupp holding defendant left duffel bag another house allowed joint use bag assumed risk person allow someone else look inside analysis makes clear consent limits person ability challenge reasonableness search person voluntarily relinquished expectation privacy sharing access control property another person search conducted pursuant officer reasonable mistaken belief third party authority consent thus entirely different constitutional footing one based consent third party fact authority even officers reasonably believed fischer authority consent rodriguez expectation privacy therefore undiminished rodriguez accordingly challenge warrantless intrusion home violation fourth amendment conclusion flows directly stoner california required suppression evidence seized reliance hotel clerk consent warrantless search guest room reasoned guest right free unwarranted intrusion right waive word deed either directly agent accordingly rejected resort unrealistic doctrines apparent authority means upholding search guest consented iii acknowledging third party case lacked authority consent majority seeks rely cases suggesting reasonable mistaken factual judgments police invalidate otherwise reasonable searches majority reads cases establishing general rule generally demanded many factual determinations must regularly made agents government whether magistrate issuing warrant police officer executing warrant police officer conducting search seizure one exceptions warrant requirement always correct always reasonable ante majority assertion however premised erroneous assumption consent searches generally reasonable cases majority cites thus provide support holding brinegar example confirmed unremarkable proposition police need probable cause absolute certainty justify arrest suspect highway brinegar makes clear possibility factual error built probable cause standard standard definition cases result arrest suspect actually committed crime probable cause defines reasonableness searches seizures outside home search reasonable fourth amendment whenever standard met notwithstanding possibility mistakes part police contrast cases already struck balance warrantless home intrusions absence exigency see supra reasonable factual errors law enforcement officers validate unreasonable searches reasonableness officer mistaken belief third party authority consent irrelevant majority reliance maryland garrison also misplaced garrison police obtained valid warrant search third floor apartment building whose third floor fact housed two apartments although police probable cause search one apartments entered apartments objective facts available officers time suggested distinction apartment legitimately warrant entire third floor held officers reasonable mistake fact render search unconstitutional brinegar decision premised general reasonableness type police action involved searches based warrants generally reasonable officers reasonable mistake fact render search unreasonable reasoning evident conclusion little gained adopting additional burdens bedrock requirement exceptions traced cases police may conduct searches pursuant reasonably detailed warrant garrison supra garrison like brinegar thus tells us nothing reasonableness fourth amendment warrantless arrest home based officer reasonable mistaken belief third party consenting arrest empowered majority glib assertion superfluous multiply citations cases like brinegar hill garrison ante thus correct reason entirely different majority suggests cases provide illumination issue raised case citation like cases superfluous discussion majority conclusion presently depends iv cases demonstrate consent searches free constitutional challenge extent rest consent party empowered majority conclusion contrary ignores legitimate expectations privacy individuals entitled rely person allows another joint access property thereby limits expectation privacy justify trampling rights person similarly relinquished privacy expectation instead judging validity consent searches past based whether defendant fact limited expectation privacy today carves additional exception warrant requirement consent searches without pausing consider whether exigencies situation make needs law enforcement compelling warrantless search objectively reasonable fourth amendment mincey citations omitted creation reasonable exceptions warrant requirement end departed balancing approach long part fourth amendment jurisprudence unclear allowing person subjected warrantless search home without consent without exigency majority taken away liberty fourth amendment designed protect footnotes majority regards stoner rejection unrealistic doctrines apparent authority ambiguous theory might referring unreasonable applications doctrines doctrines ante stoner express description apparent authority doctrines unrealistic viewed mere happenstance fact used word applications sentence refer misapplications actual authority doctrine decisions make clear rights protected fourth amendment eroded strained applications law agency unrealistic doctrines apparent authority emphasis added full sentence thus unambiguously confirms stoner rejected reliance apparent authority doctrines stoner leave open door police officer rely reasonable mistaken belief third party authority consent remarked nothing record indicate police basis whatsoever believe night clerk authorized petitioner permit police search petitioner room stating defendant must word deed waive rights inconsistent noting particular case absence actual waiver confirmed police inability identify basis contention waiver indeed occurred analysis applies hill california upheld search incident arrest officers reasonably mistakenly believed person arrested defendant home defendant refused disturb state holding hen police probable cause arrest one party reasonably mistake second party first party arrest second party valid arrest brackets original quoting people hill given decided hill extension warrant requirement arrests home payton new york hill understood less brinegar simply gloss meaning probable cause holding hill rested fact police probable cause believe hill committed crime circumstances reasonableness arrest police probable cause undermined officers factual mistake regarding identity person arrested