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STATE v. HOLMES

No. 46448-5-I.

31 P.3d 716 (2001)

STATE of Washington, Respondent, v. Jesse James HOLMES, Appellant.

Court of Appeals of Washington, Division 1.

September 17, 2001.

Attorney(s) appearing for the Case

David Koch, Nielsen Broman & Associates, Seattle, for Appellant.

Daniel Clark, Seattle, for Respondent.

ELLINGTON, J.

Police entered Jesse Holmes' residence on the strength of a consent to search given by Cynthia Gilbert. But Gilbert had no actual authority to consent. The question is whether police reasonably relied upon Gilbert's apparent authority. We hold they did not, and therefore Holmes' subsequent consent was ineffective under State v. Ferrier.1 The evidence seized should have been suppressed. We reverse.

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