police chose to ask her you know he was he was not present when they decided to ask for consent or not present meaning he had already been eight year old defend it in penny have lived together for ten or eleven months a significant period of time they talked of marriage they shared the only bed in the house penny sleeping with the friend of the night before the confrontation she used this residence as her own and all of the all of these cases wanting to move her out trying to figure out asking her to be should not move yet she had no place she had no place that revival and the relations between conjugal partner at the time can you give consent the living arrangements had not changed she had not moved out or made arrangements to live elsewhere a and she came back for her personal items after her release from jail and she left only because she'd been she would return  the state maintains that defendant's expectation approved privacy was if anything diminished as a consequence of the intake this is particularly true where they found it committed a crime are pending in this case after new penny and i have lived with define it for a length of time and it was obvious it was a poncho relationship after is knew that they had been in a domestic dispute but it's already discussed except where antagonism results in a change of living had detailed information about the premises including the location of the computer and what was in this case and he's happy interests with the relevance and he had not yet moved out in the still live still live there that's what's relevant a suitcase it's pretty clear that the parties were living in the motel room here could you argue that it was the arrival of the police themselves that prevented the defendant from further acting on his desire to limit her access to the place i mean they perhaps a prelude to putting it out on court what if the police arrived and found her sitting on the front porch in the front door was locked and he answered the door and said my house i kicked her out if you w let's say they're of the same sex and they don't have an intimate relationship they're different and if it's not different than what do we care if they share the same bed mate i think you let your friend move in from either month officer and i show up i and i find a woman chasing a man and he's naked and she's chasing him with a hatchet and they tackle each other and i get ready to arrest them and then she tells me all the stuff that's in his trailer and the police here we've got here and she says i gave you consent to go in there you walk because i've been staying there should search i just did a case i remember that i had yeah you know and the police instantly seized on that can say from the person who seemed in those circumstances to be the least likely to have a against side of my client's head i believe that was a pop or pot and it had continued from that point to the point that they were actually call the argument actually started on thursday night friday morning before this monday where she claimed she found objectionable lines on ok now let's go i'm trying to figure out the timeline of exactly what your findings but the evidence show that the defendant hold the home at sixty three seventy six kitchen row for ten years what case is that matters i think matlock he said  let me go for good his name was the only name on the title to the whole and he was the only person with any possessor or all the ship interest in the whole the whole was free and clear of all loads of mortgages penny had moved into his house in early december of two thousand and seven and this incident occurred again october twenty of oh wait she was not attending there was no leaks either written or oral she did not pay going on with the facts she's only able to gain access to his home with the use of a garage door opener which is located one of his vehicles this fact is not in dispute your honor when she's released at residence in terms of her belongings she's got one small shelf upstairs that contains a couple howls she's got a personal belongings she has a clothing but everything else she owns in the world so for t think the answer that question is absolutely no she didn't have access to the computer or because the court might recall the proposed notice on the screen that listed each of their email addresses and so on but this was revoked it seems like you're almost going down the road unless a parent more has a signed agreement they essentially have no common authority over any authority at that point to stay she's got to get out it's his house right here ask you about this the night before trouble rose or no she has already to do certain things i don't you think additionally factually would be necessary to show that she equals forty during those first time much there either based on the way you asked the question i think she would have to have resided there say for a very lengthy period of time say three to four years or she would have to have told her to leave he'd packed her boxes of theirs stacked near the front door when he has called her son or she's offered to call her son so her son could come pick her up and or drive her over to her son's residence and it was all over but the police arrive in the middle of the domestic dispute before she actually has moved out of the house and that changes things somewhat in the circus it's not quite as wacky and for ten months he told them he wanted her out because of rob the whole problem penny maddox told them that they defended one of her out and told her to get the f out and tried to physically threw her out of the house and that both all the source testified that they were aware all of her boxes were stacked by the doorway so did at best this is an ambiguous circumstance and they should have made further in good should we expect to police officers at night thirty on a monday night ask every perfect question you know ok but only one other hand we've got to do a little bit better than put him in one car he instead the hops he was either down the driveway at the end of the driveway or halfway down the straight at which point the officer who was driving that car talks to his commanding officer and then he relates to the younger officers at the s he's the owner of that house she's a girlfriend and she's resign there and then police and get out and better police practice to not not ask the guy who's clearly the owner of the house but to ask his girlfriend who who paid both fully admit has been drinking and officer cody says it was clear that she's intoxicated and officer harris said well i'm not sure she was intoxicated but i could tell she's certainly been drinking and that's the judgment they made and and not to get up on my soapbox and beat and beat the drum too hard but i think some of the police testimony and conduct in this particular case wasn't very good i mean the other officer says she's the older officer said well she's been drinking but she's not the other officer says the boxes were here the doorway the older officer says the boxes were near the stairwell they separate the two he only asked for her consent when he's in another car on the way to the jail he doesn't even learn the computers go on until two days later they say well you know he had access to a phone he had a call about computer had somebody take it peter out of the house he doesn't know the computer's been removed from the house one of those last ten months and for all practical purposes live with me as if this is your home in and out as you wish by things you wish were going as you wish with with stuff and then because it seems to me that if we disagree with your concern for my colleagues but i certainly do that she had no comment authority for the first ten months of this and the issue in this case is at what point in other words circumstances that comment authority se