Sounds as if the oral argument was a close call in the common authority/consent to search case. Any idea which way it will go? What would be your position if you shared a residence and objected to the search but police entered based on the consent of your partner?

http://www.scotusblog.com/movabletype/archives/2005/11/yesterdays_argu.html#more

What about basic property law? In this case, H and W have equal right to the property. That means they have equal right to invite another on the property, i.e. the police. Tie goes to the searcher. This is a reasonable search for the purposes of the Fourth Amendment.

My opinion: the common areas under joint control could be searched with consent obtained from either co-occupant. The private areas/objects, such as a separate closet, separate bedrooom, briefcase, purse, etc. would require consent by the person who occupied the closet or bedroom or owned the briefcase or purse.