Jose Luis Morales appealed his conviction and 15 year sentence for one count of possession of a firearm by a convicted felon in violation of 18 U.S.C. 922(g)(1). He was arrested after Miami Dade Police Officers conducted a search of the home where Morales lived and found a Rossi .38 caliber revolver and a .22 caliber pistol in the closet of Morales’ bedroom. Morales lived in the house with his girlfriend, their two children, and his girlfriend’s mother. The search took place after the police approached the house while investigating drug activity in the area. Their focus was drawn to Morales and while Morales was outside of his house speaking with officers another officer approached the house and spoke to the Morales’s girlfriend’s mother. She gave consent to a search of the house and a K-9 alerted to the area of the closet in Morales’s bedroom where the firearms were found.
On his appeal Morales argued the Miami federal court erred in denying his motion to suppress the evidence seized in the search of his bedroom, claiming that the mother’s consent was not voluntary. He also argued that even if her consent was voluntary, his Fourth Amendment rights were violated because he was a physically present co-occupant who was intentionally denied an opportunity to refuse entry to the officers and to refuse their request to search.