United States v. Maurice Whitfield, Jr., 939 F.2d 1071 (D.C. Cir. 1991). · Go Syfert
United States v. Maurice Whitfield, Jr., 939 F.2d 1071 (D.C. Cir. 1991). Cases Citing This Book View Copy Cite
“the agents in this case had no way of knowing whether parents usually do not permit their adult sons and daughters to have exclusive use of the rooms they occupy and they made no effort to find out whether had this or some other arrangement with her son.”
300 citation events (183 in the last 25 years) across 58 distinct courts.
Strongest positive: State v. Davis (utahctapp, 1998-08-06) · Strongest negative: United States v. Romero (ca10, 2014-04-15)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" United States v. Romero
10th Cir. · 2014 · signal: but see · confidence high
But see United States v. Whitfield, 939 F.2d 1071, 1075 (D.C.Cir.1991) (applying a legal test rejected by the Tenth Circuit, see Rith, 164 F.3d at 1329 , to conclude that agents could not reasonably believe that mother had authority to consent to a search of her adult son’s bedroom without evidence that she had mutual use of the room).
discussed Cited "but see" United States v. Corley (2×) also: Cited as authority (verbatim quote)
N.D. Ind. · 2004 · signal: but see · 1 verbatim quote · confidence high
the bedroom itself was not a 'common area
examined Cited as authority (verbatim quote) State v. Davis (6×) also: Cited as authority (rule), Cited "see"
Utah Ct. App. · 1998 · signal: accord · quote attribution · 1 verbatim quote · confidence high
he matlock doctrine applies with equal force in parole cases.
examined Cited as authority (quoted) United States v. Gonzalez-Espinal
unknown court · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
the agents in this case had no way of knowing whether parents usually do not permit their adult sons and daughters to have exclusive use of the rooms they occupy and they made no effort to find out whether had this or some other arrangement with her son.
discussed Cited as authority (rule) State v. Manzano-Legarda
Kan. · 2026 · confidence medium
It requires further inquiry before officers may rely on parental consent because they have "no way of knowing whether parents usually 11 do not permit their adult sons and daughters to have exclusive use of the rooms they occupy." United States v. Whitfield, 939 F.2d 1071, 1075 (D.C.
discussed Cited as authority (rule) United States v. Moran
1st Cir. · 2019 · confidence medium
Cir. 2014) ("[T]he government's burden to establish that a third party had authority to consent to a search . . . cannot be met if agents, faced with an ambiguous situation, nevertheless proceed without making further inquiry." (alteration in original) (quoting United States v. Whitfield, 939 F.2d 1071, 1075 (D.C.
discussed Cited as authority (rule) State v. Holland
Ohio Ct. App. · 2019 · confidence medium
We hold that the police ‘could not infer such authority merely from [the consenter’s] ownership of the house.’ ” Id. at 866 , -22- quoting State v. Whitfield, 939 F.2d 1071, 1075 (D.C.Cir.1991). {¶ 51} The Seventh District similarly concluded in Johnson, 2017-Ohio-5708 , 93 N.E.3d 1261 , that a host’s consent for officers to search a residence did not grant authority to the officers to search a guest’s closed book bag.
discussed Cited as authority (rule) State v. Boggess
Kan. · 2018 · confidence medium
Cir. 2014); United States v. Waller, 426 F.3d 838, 846-47 (6th Cir. 2005); United States v. Kimoana, 383 F.3d 1215, 1222 (10th Cir. 2004); Montville v. Lewis, 87 F.3d 900, 904 (7th Cir. 1996); United States v. Whitfield, 939 F.2d 1071, 1075 (D.C.
discussed Cited as authority (rule) United States v. Manafort (2×) also: Cited "see"
D.C. Cir. · 2018 · confidence medium
The Court of Appeals did not hold that the prosecution would have to show that the mother occupied the room for strictly personal purposes to make "mutual use" of it; it bemoaned the lack of any evidence that she cleaned the room, visited her son in it, or "made use of [it] at any time for any purpose ." Whitfield , 939 F.2d at 1074 (emphasis added).
examined Cited as authority (rule) United States v. Manafort (3×) also: Cited "see"
D.D.C. · 2018 · confidence medium
Rodriguez, 497 U.S. at 181 ; United States v. Whitfield, 939 F.2d 1071, 1075 (D.C.
discussed Cited as authority (rule) State of Iowa v. Marvis Latrell Jackson (2×)
Iowa · 2016 · confidence medium
The court determined a warrantless search is unlawful without further inquiry “if the circumstances make it unclear whether the property about to be searched is subject to ‘mutual use’ by the person giving consent.” See id. (quoting United States v. Whitfield, 939 F.2d 1071, 1075 (D.C.
discussed Cited as authority (rule) State of Iowa v. Marvis Latrell Jackson
Iowa · 2016 · confidence medium
The court determined a warrantless search is unlawful without further inquiry “if the circumstances make it unclear whether the property about to be searched is subject to ‘mutual use’ by the person giving consent.” See id. (quoting United States v. Whitfield, 939 F.2d 1071, 1075 (D.C.
discussed Cited as authority (rule) Amended July 12, 2016 State of Iowa v. Marvis Latrell Jackson
Iowa · 2016 · confidence medium
The court determined a warrantless search is unlawful without further inquiry “if the circumstances make it unclear whether the property about to be searched is subject to ‘mutual use’ by the person giving consent.” See id. (quoting United States v. Whitfield, 939 F.2d 1071, 1075 (D.C.
discussed Cited as authority (rule) State of Florida v. Jeffery D. Williams (2×)
Fla. Dist. Ct. App. · 2016 · confidence medium
If the agents do not learn enough, if the circumstances make it unclear whether the property about to be searched is subject to “mutual use” by the person giving consent, “then warrantless entry is unlawful without further inquiry.”’ United States v. Whitfield, 939 F.2d 1071, 1075 (D.C.
discussed Cited as authority (rule) State v. Dona Nichoeal Westlake
Idaho Ct. App. · 2015 · confidence medium
United States v. Purcell, 526 F.3d 953, 963-65 (6th Cir. 2008); United States v. Cos, 498 F.3d 1115, 1128-31 (10th Cir.2007); United States v. Waller, 426 F.3d 838, 846-48 (6th Cir.2005); United States v. Kimoana, 383 F.3d 1215, 1222 (10th Cir.2004); United States v. Reid, 226 F.3d 1020, 1025-26 (9th Cir.2000); United States v. Rosario, 962 F.2d 733, 738 (7th Cir.1992); United States v. Whitfield, 939 F.2d 1071, 1075 (D.C.Cir.1991); United States v. Corral, 339 F.Supp.2d 781, 794 (W.D.Tex.2004); Kaspar v. City of Hobbs, 90 F.Supp.2d 1313, 1319 (D.N.M.2000).
examined Cited as authority (rule) United States v. Davon Peyton (4×) also: Cited "see"
D.C. Cir. · 2014 · signal: cf. · confidence medium
As the majority correctly recites, the officers searching the apartment “knew that Hicks and Peyton both lived in the small apartment”—this is precisely the circumstance that gave each of them shared authority over the common areas—and, 3 in light of Peyton’s age and relationship to Hicks, that the police “were thus on notice that some spaces in the apartment might be used exclusively by Peyton.” Id. at 11 (emphases added); cf. United States v. Whitfield, 939 F.2d 1071, 1075 (D.C.
discussed Cited as authority (rule) United States v. Vázquez
1st Cir. · 2013 · confidence medium
See United States v. Salinas-Cano, 959 F.2d 861, 865-66 (10th Cir.1992); United States v. Whitfield, 939 F.2d 1071, 1073-75 (D.C.Cir.1991); see also United States v. Harrison, 689 F.3d 301, 309-10 (3d Cir.2012).
cited Cited as authority (rule) United States v. Vazquez
1st Cir. · 2013 · confidence medium
See United States v. Salinas-Cano, 959 -23- F.2d 861, 865-66 (10th Cir. 1992); United States v. Whitfield, 939 F.2d 1071, 1073-75 (D.C.
discussed Cited as authority (rule) United States v. Tyvarus Lindsey
8th Cir. · 2013 · confidence medium
“Some circuits have ... requirefd] police to go behind appearances to verify third party authority.” United States v. Almeida-Perez, 549 F.3d 1162, 1171 (8th Cir.2008), citing United States v. Cos, 498 F.3d 1115, 1128-31 (10th Cir.2007), United States v. Whitfield, 939 F.2d 1071, 1074-75 (D.C.Cir.1991). “[This] circuit ... has been more liberal about allowing police to form their impressions from context.” Id.
discussed Cited as authority (rule) United States v. Acosta
N.D. Ga. · 2011 · confidence medium
Apparent authority to consent depends on a “ ‘reasonable mistake of fact, as distinguished from a mistake of law.’ ” Salinas-Cano, 959 F.2d at 865 (quoting United States v. Whitfield, 939 F.2d 1071, 1073-74 (D.C.Cir.1991)).
cited Cited as authority (rule) Commonwealth v. Dooley
Mass. Super. Ct. · 2010 · confidence medium
United States v. Whitfield, 939 F.2d 1071, 1074, 1075 (D.C.Cir. 1991).
discussed Cited as authority (rule) State v. KERESTESSY
Kan. Ct. App. · 2010 · confidence medium
See United States v. Kimoana, 383 F.3d 1215, 1222 (10th Cir. 2004) (“[W]here an officer is presented with ambiguous facts related to authority, he or she has a duty to investigate further before relying on the consent.”); United States v. Rosario, 962 F.2d 733, 738 (7th Cir. 1992) (Rodriguez “suggests that in the absence of sufficient facts, officers have a duty to seek further information in order to determine whether they may reasonably infer that the inviter has the necessary authority to consent to an entry or search of the premises.”); United States v. Whitfield, 939 F.2d 1071, 10…
discussed Cited as authority (rule) Commonwealth v. PORTER P. (2×)
Mass. · 2010 · confidence medium
See, e.g., United States v. Ruiz, 428 F.3d 877, 882 (9th Cir. 2005); United States v. Davis, 332 F.3d 1163, 1170 (9th Cir. 2003); United States v. Gutierrez-Hermosillo, 142 F.3d 1225, 1230 (10th Cir.), *268 cert. denied, 525 U.S. 900 (1998); United States v. Brazel, 102 F.3d 1120 , 1148 (11th Cir.), cert. denied, 522 U.S. 822 (1997); United States v. Brown, 961 F.2d 1039, 1041 (2d Cir. 1992); United States v. Salinas-Cano, 959 F.2d 861, 865 (10th Cir. 1992); United States v. Whitfield, 939 F.2d 1071, 1073-1074 (D.C.
discussed Cited as authority (rule) State v. Harding (2×)
Utah Ct. App. · 2010 · confidence medium
The search was not lawful ...." (footnote omitted)); State v. Davis, 965 P.2d 525, 533 (Utah Ct.App.1998) (stating that the State's burden to prove common authority cannot be met "`if agents, faced with an ambiguous situation, nevertheless proceed without making further inquiry'" (quoting United States v. Whitfield, 939 F.2d 1071, 1075 (D.C.Cir.1991))). ¶ 27 Had Officer Westerman made further inquiry, he could likely have easily ascertained that the bags belonged to Defendant and sought her consent to search them.
cited Cited as authority (rule) United States v. Porfirio Almeida-Perez
8th Cir. · 2008 · confidence medium
See, e.g., United States v. Cos, 498 F.3d 1115, 1128-31 (10th Cir. 2007); United States v. Whitfield, 939 F.2d 1071, 1074-75 (D.C.
cited Cited as authority (rule) United States v. Almeida-Perez
8th Cir. · 2008 · confidence medium
See, e.g., United States v. Cos, 498 F.3d 1115, 1128-31 (10th Cir.2007); United States v. Whitfield, 939 F.2d 1071, 1074-75 (D.C.Cir.1991).
discussed Cited as authority (rule) United States v. Gallagher
C.A.A.F. · 2008 · confidence medium
These facts are in marked contrast to cases like United States v. Welch, 4 F.3d 761, 765 (9th Cir.1993), United States v. Salinas-Cano, 959 F.2d 861, 864-66 (10th Cir.1992), and United States v. Whitfield, 939 F.2d 1071, 1075 (D.C.Cir.1991), where there was either indicia of ownership or facts known to law enforcement which put them on notice that ownership of the item to be searched was in question.
discussed Cited as authority (rule) Steven Gregory Pearson v. State
Tex. App. · 2007 · confidence medium
Although the State, in the instant case, claims that Story's ownership of the property is sufficient to give her authority to consent to the search, "mere property interest does not imply 'common authority.'" Id . (citing United States v. Whitfield , 939 F.2d 1071, 1075 (D.C.
cited Cited as authority (rule) Moore v. Andreno
2d Cir. · 2007 · signal: cf. · confidence medium
See Davis, 967 F.2d at 86-87 ; cf. United States 3 v. Whitfield, 939 F.2d 1071, 1074-75 (D.C.
discussed Cited as authority (rule) Moore v. Andreno
2d Cir. · 2007 · signal: cf. · confidence medium
See Davis, 967 F.2d at 86-87 ; cf. United States v. Whitfield, 939 F.2d 1071, 1074-75 (D.C.Cir.1991) (interpreting Mat-lock as asking whether a third party has access to and makes “mutual use” of an area).
discussed Cited as authority (rule) United States v. Antone
D.R.I. · 2007 · confidence medium
Cf. United States v. Waller, 426 F.3d 838, 847-49 (6th Cir.2005) (holding, in the context of third-party consent, that the lack of an expressed interest in the items searched, in conjunction with the purpose of the police officer’s presence, created an ambiguous situation, and that, under Rodriguez , the officer should have inquired further); United States v. Whitfield, 939 F.2d 1071, 1074 (D.C.Cir.1991) (holding that the agent’s superficial and cursory questioning of the consenting party did not disclose sufficient information for the agent reasonably to believe that she had common author…
examined Cited as authority (rule) Glenn v. Commonwealth (4×)
Va. Ct. App. · 2007 · confidence medium
United States v. Whitfield, 939 F.2d 1071, 1075 (D.C.Cir. 1991); see also United States v. Basinski, 226 F.3d 829, 834 (7th Cir.2000) ("[A]pparent authority turns on the government's knowledge of the third party's use of, control over, and access to the container to be searched, because these characteristics are particularly probative of whether the individual has authority over the property.").
discussed Cited as authority (rule) Glenn v. Commonwealth (2×)
Va. Ct. App. · 2006 · confidence medium
United States v. Whitfield, 939 F.2d 1071, 1075 (D.C.Cir.1991); see also United States v. Basinski, 226 F.3d 829, 834 (7th Cir.2000) (“[A]pparent authority turns on the government’s knowledge of the third party’s use of, control over, and access to the container to be searched, because these characteristics are particularly probative of whether the individual has authority over the property.”). 6 Here, then, considering the totality of the circumstances, we must determine whether an objective police officer could have reasonably believed that the grandfather used, controlled, or had un…
discussed Cited as authority (rule) Bliss v. Franco
10th Cir. · 2006 · confidence medium
As a general rule, “the Fourth Amendment does not invalidate warrantless searches based on a reasonable mistake of fact, as distinguished from a mistake of law.” United States v. Salinas-Cano, 959 F.2d 861, 865 (10th Cir.1992) (quoting United States v. Whitfield, 939 F.2d 1071, 1073 (D.C.Cir.1991)).
discussed Cited as authority (rule) Breshears v. State (2×)
Ark. Ct. App. · 2006 · confidence medium
As we said in Goodman v. State, supra, “To determine whether the police officers had a reasonable caution in the belief that [a third party] had authority over the premises (i.e., apparent authority), we must first establish that the warrantless search was based on a mistake of fact, not a mistake of law.” (citing United States v. Whitfield, 939 F.2d 1071, 1073 (1991)).
discussed Cited as authority (rule) United States v. Frederick Alonzo Waller (2×)
6th Cir. · 2005 · confidence medium
If the agents do not learn enough, if the circumstances make it unclear whether the property about to be searched is subject to ‘mutual use’ by the person giving consent, ‘then warrantless entry is unlawful without further inquiry.’ ” United States v. McCoy, Nos. 97-6485, 97-6486, 97-6488, 181 F.3d 105 , 1999 WL 357749 , at *10 (6th Cir. May 12, 1999) (unpublished table decision) (Clay, Circuit Judge, concurring) (quoting United States v. Whitfield, 939 F.2d 1071, 1075 (D.C.Cir.1991)).
discussed Cited as authority (rule) United States v. Waller (2×)
6th Cir. · 2005 · confidence medium
If the agents do not learn enough, if the circumstances make it unclear whether the property about to be searched is subject to ‘mutual use’ by the person giving consent, ‘then warrantless entry is unlawful without further inquiry.’” United States v. McCoy, Nos. 97-6485, 97-6486, 97-6488, 1999 WL 357749 , at *10 (6th Cir. May 12, 1999) (unpublished table decision) (Clay, Circuit Judge, concurring) (quoting United States v. Whitfield, 939 F.2d 1071, 1075 (D.C.
examined Cited as authority (rule) United States v. Corral (4×)
W.D. Tex. · 2004 · confidence medium
Circuit held that “Rodriguez thus applies to situations in which an officer would have had valid consent to search if the facts were as he reasonably believed them to be.” 939 F.2d 1071, 1074 (D.C.Cir.1991).
discussed Cited as authority (rule) United States v. Kimoana
10th Cir. · 2004 · confidence medium
Circuit’s interpretation of Rodriguez on this point: “The burden [of proving effectiveness of consent] cannot be met if agents, faced with an ambiguous situation, nevertheless proceed without making further inquiry.” 959 F.2d 861, 864 (10th Cir.1992) (quoting United States v. Whitfield, 939 F.2d 1071, 1075 (D.C.Cir.1991)) (emphasis omitted).
cited Cited as authority (rule) State v. Tonroy
Kan. Ct. App. · 2004 · confidence medium
As stated in United States v. Whitfield, 939 F.2d 1071, 1075 (D.C.
cited Cited as authority (rule) United States v. Hunyady
E.D. Mich. · 2003 · confidence medium
See Illinois v. Rodriguez, 497 U.S. 177, 188-89 , 110 S.Ct. 2793 , 111 L.Ed.2d 148 (1990); United States v. Whitfield, 939 F.2d 1071, 1075 (D.C.Cir.1991).
discussed Cited as authority (rule) United States v. Hephner
N.D. Iowa · 2003 · confidence medium
United States v. Brown, 961 F.2d 1039, 1041 (2nd Cir.1992); see also Welch, 4 F.3d at 764-65 (recognizing mistake of fact-law distinction); United States v. Salinas-Cano, 959 F.2d 861, 865-66 (10th Cir.1992) (same); United States v. Whitfield, 939 F.2d 1071, 1073-74 (D.C.Cir.1991) (same).
examined Cited as authority (rule) State v. Licari (6×) also: Cited "see, e.g."
Minn. · 2003 · confidence medium
See Illinois v. Rodriguez, 497 U.S. at 188-89 , 110 S.Ct. 2793 ; United States v. Whitfield, 939 F.2d 1071, 1073-74 (D.C.Cir. 1991).
cited Cited as authority (rule) United States v. Logan
D. Kan. · 2002 · confidence medium
However, “the Fourth Amendment does not invalidate warrant-less searches based on a reasonable mistake of fact.” Id. at 865 (quoting United States v. Whitfield, 939 F.2d 1071, 1074 (D.C.Cir.1991)).
discussed Cited as authority (rule) Colbert v. Commonwealth (2×)
Ky. · 2001 · confidence medium
See also United States v. Block, supra note 4 at 539-40 ("[I]t may be based simply upon the fact that the third person shares with the absent target of the search a common authority over, general access to, or mutual use of the place or object to be inspected under circumstances that make it reasonable to believe that the third person has the right to permit the inspection in his own right and that the absent target has assumed the risk that the third person might grant this permission to others." Id. ); United States v. Moore, 917 F.2d 215, 223 (6th Cir.1990), cert. denied 499 U.S. 963 , 111 …
discussed Cited as authority (rule) People v. Jenkins
Cal. · 2000 · confidence medium
(See, e.g., United States v. Whitfield (D.C.Cir.1991) 291 App. D.C. 243 , 939 F.2d 1071, 1074 [mother lacked apparent authority to consent to search of adult son's bedroom without evidence that she enjoyed common use of the room and closet in which contraband was found]; see also United States v. Welch (9th Cir.1993) 4 F.3d 761, 764 [third party who jointly had rented vehicle with defendant *437 had authority to consent to a search of the vehicle but lacked actual or apparent authority to consent to a search of the defendant's purse located in the trunk of the vehicle, because there was no evi…
discussed Cited as authority (rule) People v. Jenkins (2×)
Cal. · 2000 · confidence medium
Cir. 1991) 939 F.2d 1071, 1074 [ 291 App.D.C. 243 ] [mother lacked apparent authority to consent to search of adult son’s bedroom without evidence that she enjoyed common use of the room and closet in which contraband was found]; see also U.S. v. Welch (9th Cir. 1993) 4 F.3d 761, 764 [third party who jointly had rented vehicle with defendant had authority to consent to a search of the vehicle but lacked actual or apparent authority to consent to a search of the defendant’s purse located in the trunk of the vehicle, because there was no evidence of joint access or control or use of the purs…
discussed Cited as authority (rule) State v. Grant (2×)
Iowa Ct. App. · 2000 · confidence medium
Id. at 188-89 , 110 S.Ct. at 2801, 111 L.Ed.2d at 161 ; see United States v. Salinas, 959 F.2d at 864 ; United States v. Whitfield, 939 F.2d 1071, 1075 (D.C.Cir.1991) ("The [government's] burden cannot be met if agents, faced with an ambiguous situation, nevertheless proceed without making further inquiry."); United States v. Poole, 307 F.Supp. at 1190 .
discussed Cited as authority (rule) United States v. Poulack
D. Neb. · 1999 · confidence medium
United States v. Brown, 961 F.2d 1039, 1041 (2nd Cir.1992); see also Welch, 4 F.3d at 764-65 (recognizing mistake of fact-law distinction); United States v. Salinas-Cano, 959 F.2d 861, 865-66 (10th Cir.1992) (same); United States v. Whitfield, 939 F.2d 1071, 1073-74 (D.C.Cir.1991) (same).
cited Cited as authority (rule) United States v. Tucker
W.D. Tenn. · 1999 · confidence medium
In United States v. Whitfield, 939 F.2d 1071, 1074 (D.C.Cir.1991), the D.C.
Retrieving the full opinion text from the archive…
UNITED STATES of America
v.
Maurice WHITFIELD, Jr., Appellant
90-3282.
Court of Appeals for the D.C. Circuit.
Aug 9, 1991.
939 F.2d 1071
Joseph Petrosinelli, who entered an appearance as Student Counsel pursuant to Rule 19 of the General Rules of the Court, with whom Stephen H. Goldblatt was on the brief, for appellant., Jennifer M. Anderson, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., John R. Fisher and Eileen C. Mayer, Asst. U.S. Attys., were on the brief, for appellee. Thomas J. Tourish, Jr. and James B. Gunther, Jr., Asst. U.S. Attys., also entered appearances for appellee.
Edwards, Buckley, Randolph.
Cited by 145 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 70%

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

A jury convicted Maurice Whitfield, Jr. of stealing $43,000 from a Brinks, Inc., storage facility in the District of Columbia, in violation of 18 U.S.C. § 659. The evidence left no doubt about his guilt. On appeal, Whitfield argues that the district court should have excluded the cash recovered during a warrantless search of his room to which his mother had consented.

At the time of his crime Whitfield was 29 years old. For several weeks he had been working as a janitor for a company that cleaned the Brinks facility. On May 24, 1990, Brinks discovered a bag of cash missing from its vault room. The bag contained $40,000 in twenty dollar bills and $3,000 in tens; the bills were in stacks of 100, wrapped with Federal Reserve bank straps. A videotape from a surveillance camera revealed that at approximately 9:00 p.m. the previous evening Whitfield entered the vault room without being escorted by another employee, as company policy required. He crossed the room twice and, on the second trip, bent down briefly over the cart from which the bag was later discovered missing. Whitfield then left the room, signing out at 9:10 p.m. For the next two days, Whitfield did not show up for work. On the second day of his absence, May 25, the Brinks security manager called the FBI and swore out a criminal complaint against him. Two special agents responded. They interviewed several employees, watched the videotape, and obtained Whitfield’s address from the maintenance company. Without seeking an arrest or search warrant, the two agents then drove to the address.

The agents were met at the door by Farrie Whitfield, who identified herself as the defendant’s mother. The agents explained that Maurice was suspected of stealing money from the Brinks facility. Mrs. Whitfield told the agents her son was not home and that she did not know when he would return. At that point, the agent-in-charge decided to conduct an immediate search of the defendant’s bedroom in view of the likelihood that any stolen cash would be removed if the agents left. Although the agent could have stationed his colleague at the premises while he left to obtain a warrant, he testified that “I didn’t want to go back and get a warrant if I could possibly do it on a consent.”

To that end, the agents asked Mrs. Whitfield whether the house was hers. She said it was and that she lived there with the defendant, her other son Willie, and her daughter. When the agents asked if the defendant paid “rent,” Mrs. Whitfield responded — according to the agents’ testimony — with a sarcastic facial expression and the statement that he had no money. Mrs. Whitfield gave a different account: she testified that she told the agents her son paid her when he was working and had recently given her $100. In the past, she said, he had paid her as much as $500 per month, depending on his salary. The district court found that “the testimony of the agents and the mother establishes that defendant had something in the nature of a landlord-tenant relationship with his mother.” United States v. Whitfield, 747 F.Supp. 807, 809 (D.D.C.1990). The court added, however, that the agent-in-charge “could, and did, reasonably infer that the defendant was not paying rent currently and he apparently gave no thought to the possibility that it was defendant’s practice to do so when he could afford it.” Id. at 812.

One of the agents also asked Mrs. Whitfield whether the defendant’s room was open or locked. She said it was open. The[*1073] agent testified that his purpose in asking this question was to determine whether Mrs. Whitfield had “free access” to her son’s room. He construed her answer to mean that she did, although she did not use those exact words. Whether the agents asked Mrs. Whitfield anything else is unclear. The district court, in its opinion, mentioned only the agents’ asking if the room was open or locked. 747 F.Supp. at 809. The transcript of the suppression hearing shows that on cross-examination one of the agents testified that Mrs. Whitfield “indicated” she had “free access to the whole residence, including that bedroom.” He then said “My question was, does she have, on a normal basis, does she have free access to the room?”

At any rate, the agents then asked Mrs. Whitfield if they could search the defendant’s room, and gave her a consent form to sign. Mrs. Whitfield said that she would consent to a search, but she refused to sign the form. Mrs. Whitfield then took the agents upstairs. The defendant’s door was unlocked when the agents entered. Inside, they found bedroom furniture, a television set, and other items apparently belonging to the defendant. In the closet, in the pockets of four coats, the agents discovered eight stacks of $20 bills, wrapped in Federal Reserve straps, totalling $16,000. At this point Willie Whitfield arrived home and told his mother to ask the agents to leave. She did so and the agents departed. Maurice Whitfield turned himself in three days later. When informed of his rights, he requested a lawyer. The agents nevertheless proceeded to question him about the remaining $27,000. (His subsequent confession was therefore not admitted at trial.) Whitfield said the rest of the money was at his mother’s house and he agreed to return there with the agents to retrieve it. When they arrived, the agents told Mrs. Whitfield they wanted to search above a false ceiling in the basement. She signed a form consenting to the search, but the agents found nothing. So far as the record discloses, none of the missing cash was ever recovered.

Whitfield moved before trial to suppress the evidence obtained in the search of his bedroom, claiming that his mother did not have authority to consent. The district court thoroughly reviewed the precedents pertaining to a third party’s ability to consent to a search, such as United States v. Matlock, 415 U.S. 164, 94 S.Ct. 988, 39 L.Ed.2d 242 (1974), and Donovan v. A.A. Beiro Constr. Co., 746 F.2d 894 (D.C.Cir.1984), as well as cases dealing specifically with parental consent to the search of a child’s room. See United States v. Block, 590 F.2d 535 (4th Cir.1978); United States v. Peterson, 524 F.2d 167 (4th Cir.1975), cert. denied, 424 U.S. 925, 96 S.Ct. 1136, 47 L.Ed.2d 334 (1976); United States v. DiPrima, 472 F.2d 550 (1st Cir.1973). The court also considered United States v. Lyons, 706 F.2d 321 (D.C.Cir.1983), which held that a defendant’s reasonable expectation of privacy in the closet of his hotel room had been violated when the police searched a coat hanging in the closet after arresting the defendant for selling drugs. Id. at 329. (The court in Lyons ordered the suppression of a pistol the police had retrieved from the defendant’s coat pocket. Id. at 335.) On the basis of this review, the district court concluded that Mrs. Whitfield did not have authority to consent to a search of her son’s clothing, but denied the suppression motion on the ground that the agents reasonably believed that she did. For this the court cited Illinois v. Rodriguez, — U.S. —, 110 S.Ct. 2793, 111 L.Ed.2d 148 (1990), which held that a search based on the consent of a third party is reasonable under the Fourth Amendment if the searching officer reasonably believes the third party has authority to consent, even if the facts developed later show that the third party did not have that authority. Id., 110 S.Ct. at at 2801.

Whitfield’s first argument is that the district court misconstrued Rodriguez. The Supreme Court, Whitfield argues, held only that the Fourth Amendment does not invalidate warrantless searches based on a reasonable mistake of fact, as distinguished from a mistake of law. Whitfield’s reading of Rodriguez is correct. The Court referred to the “recurring factual question” whether a third party has au[*1074] thority to consent to a search (110 S.Ct. at 2800) and held that the reasonableness of an officer’s determination of the authority of a consenting party must be judged by “the facts available to the officer at the moment_” Id. at 2801 (emphasis added), quoting Terry v. Ohio, 392 U.S. 1, 21-22, 88 S.Ct. 1868, 1879-80, 20 L.Ed.2d 889 (1968). Rodriguez thus applies to situations in which an officer would have had valid consent to search if the facts were as he reasonably believed them to be.

In this case, it is not clear whether the district court thought the agents had the facts straight but were confused about the law, or whether it thought the agents had operated under some factual misconception. The district court sustained the search because:

there was no square precedent on which to resolve on the spot the close and original question of whether, even if the mother had authority to consent to a search of her son’s room, she had authority to consent to a search of the pockets of his jackets in a closet in his room. It was not unreasonable for the agent to believe, in the circumstances, that she had that authority, even though analysis yields a contrary conclusion. Accordingly, on authority of Rodriguez, the accompanying Order denies defendant’s motion to suppress the product of the search of defendant’s pockets.

747 F.Supp. at 812. We find it unnecessary to decide whether this passage carries the meaning Whitfield ascribes to it. Even if the district court meant to apply Rodriguez only to some unspecified factual mistake by the agents, the Supreme Court’s decision does not assist the government in its effort to defend this search.

As a factual matter, the agents could not reasonably have believed Mrs. Whitfield had authority to consent to this search. The agents simply did not have enough information to make that judgment. Under United States v. Matlock, 415 U.S. at 171 n. 7, 94 S.Ct. at 993 n. 7, “the authority which justifies third-party consent” rests on “mutual use of the property by persons generally having joint access or control for most purposes, so that it is reasonable to recognize that any of the co-inhabitants has the right to permit the inspection in his own right and that the others have assumed the risk that one of their numbers might permit the common area to be searched” (emphasis added). We will assume the agents’ questioning of Mrs. Whitfield, sparse as it was, provided a sufficient basis for their believing she “generally” had “joint access” to her son’s room. The room was not locked, at least when the agents were there, and Mrs. Whitfield lived in the house. If “access” carries its common meaning, Mrs. Whitfield had it, as did the defendant — both could enter his bedroom.

Mrs. Whitfield’s ability, or even legal right, to enter simply qualified her as a person who, under Matlock, could give consent to a search of property subject to her “mutual use.” But whether she had “mutual use” of the room or the closet containing the defendant’s clothing could not be determined from anything the agents asked. The bedroom itself was not a “common area” and the agents had no grounds for believing otherwise. Compare A.A. Beiro Constr. Co., 746 F.2d at 899. The agents never asked Mrs. Whitfield whether she cleaned her son’s room, visited with him there, stored any of her possessions in the room, watched television there, or made use of the room at any time for any purpose. The suppression hearing shed no light on the actual circumstances. While testifying as a government witness, Mrs. Whitfield responded to a leading question by saying the defendant cleaned his own room. The court sustained a defense objection. The prosecution did not follow up and made no attempt to discover anything further on the subject.

Officers may of course proceed on the basis of the “factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act.” Brinegar v. United States, 338 U.S. 160, 175, 69 S.Ct. 1302, 1310, 93 L.Ed. 1879 (1949). They may assume that a husband and wife mutually use the living areas in their residence and have joint access to them so that either may consent to a[*1075] search. See, e.g., United States v. Harrison, 679 F.2d 942, 946-47 (D.C.Cir.1982); United States v. Hendrix, 595 F.2d 883, 885 (D.C.Cir.1979). When a minor child’s room is involved, agents might reasonably assume that the child’s mother, in the performance of her parental duties, would not only be able to enter her child’s bedroom but also would regularly do so. But we are aware of no basis for such an assumption when the child is, as here, 29 years old. The agents in this case had no way of knowing whether parents usually do not permit their adult sons and daughters to have exclusive use of the rooms they occupy and they made no effort to find out whether Mrs. Whitfield had this or some other arrangement with her son.

It is the government’s burden to establish that a third party had authority to consent to a search. Rodriguez, 110 S.Ct. at 2797. The burden cannot be met if agents, faced with an ambiguous situation, nevertheless proceed without making further inquiry. If the agents do not learn enough, if the circumstances make it unclear whether the property about to be searched is subject to “mutual use” by the person giving consent, “then warrantless entry is unlawful without further inquiry,” Rodriguez, 110 S.Ct. at 2801 (emphasis added). See also W. LaFave, Search and Seizure § 8.3(g), at p. 267 (1987).

The government has not carried its burden in this case. The agents’ superficial and cursory questioning of Mrs. Whitfield did not disclose sufficient information to support a reasonable belief that she had the authority to permit this search. The agents could not infer such authority merely from her ownership of the house. “Common authority is, of course, not to be implied from the mere property interest a third party has in the property.” Matlock, 415 U.S. at 171 n. 7, 94 S.Ct. at 993 n. 7; United States v. Chaidez, 919 F.2d 1193, 1201 (7th Cir.1990). The agents could not, for the reasons we have given, draw such an inference from the parent-child relationship or from the fact that the room was unlocked, which established only joint access, not mutual use as Matlock requires. The remaining piece of information — that defendant had led his mother to think he had no money for rent — did not supply the missing element of mutual use. A landlord-tenant type of arrangement between a parent and an older child might indicate that the child has been given greater autonomy in the house, that his room is his private enclave, a place no one else may enter without his permission. But “rent” or, perhaps more accurately, contributions toward household expenses, cannot be decisive. An adult offspring who pays nothing to his parents might nevertheless enjoy exclusive use of a room within the home, while one who does make payments may have a quite different arrangement. As we have said, under Matlock and Rodriguez agents faced with such situations must make further inquiries before engaging in warrantless searches. If the information gleaned from those inquiries is insufficient to establish apparent authority, the Fourth Amendment demands that the agents procure a warrant. The agents did not do so here, and the search violated the Fourth Amendment.

Reversed and remanded.