State v. J.D.H.

When “determining ‘whether a particular search falls within the scope’ of a person’s consent, ‘the trial court will determine, based on the totality of circumstances,’ what the person giving the consent ‘actually intended.’” State v. Blair, 361 Or 527, 537, 396 P3d 908 (2017).

Defendant appealed the juvenile court’s finding that he was within the juvenile court’s jurisdiction for acts that, if committed by an adult, would constitute various counts of assault in the first degree and the unlawful use of a weapon. Defendant assigned error to the trial court’s denial of his motion to suppress. On appeal, Defendant argued that the consent search, authorized by his mother, did not include closed containers in his room and that his mother lacked authority to consent to the search. In response, the State argued that the consented search by the Defendant’s mother did include the closed container and the mother had authority to consent to the search When “determining ‘whether a particular search falls within the scope’ of a person’s consent, ‘the trial court will determine, based on the totality of circumstances,’ what the person giving the consent ‘actually intended.’” State v. Blair, 361 Or 527, 537, 396 P3d 908 (2017). The Court held that the record supported the trial court’s finding. Affirmed.