argues that the agents searched only after receiving permission to do so from Broadmoor officials who had the actual authority to consent to the search and that, in any event, the agents reasonably relied on the Broadmoor's apparent authority to consent to the search.
On October 29, 1994, the Defendant was arrested by agents of the United States Secret Service after allegedly firing numerous rounds of ammunition from a Norinco SKS semiautomatic weapon in the vicinity of the White House. Federal authorities, including the Secret Service, the Federal Bureau of Investigation (FBI) and Bureau of Alcohol, Tobacco and Firearms (ATF), immediately began an investigation, and learned that the Defendant was most recently employed as an upholsterer at the Broadmoor Hotel in Colorado Springs, Colorado.
On October 31, 1994, United States Secret Service Agent Robert His lop travelled to the Broadmoor Hotel where he was introduced to a Mr. Dennis Lesko, the Vice President of Marketing at the hotel, who was designated the "contact person" with respect to the shooting at the White House. Mr. Lesko gave him a business card from Duran Upholstery which read "Death to all government officials" on the back. Agent Hilsop was advised that the hotel had terminated the Defendant's employment due to failure to report to work, which was the hotel's automatic but unwritten policy following a failure to report within a 3-day period. It had also changed the locks in case the Defendant, who had a key, should return.
Agent Hislop was further informed that the Defendant's wife had contacted the Defendant's supervisor and the hotel engineer, Mr. Kirk Robinson, on or about Monday, October 3, 1994, in search of her husband, asking whether he had reported for work. She further indicated that the Defendant had left home the Friday before, that she had filed a missing persons report on him, and that she did not anticipate his returning to work. The agent was informed that when Denise Phillips, the administrative assistant to Mr. Robinson, went to the upholstery shop looking for the Defendant, she found a note on Broadmoor stationary on his desk which read "See Ya, Wouldn't Wanna Be Ya!" The hotel considered this a resignation statement and removed the note, placing it in the Defendant's personnel file.
On October 31, 1994, the Defendant's former supervisor, Mr. Kirk Robinson, who retained a key to the upholstery shop, invited Agent Hilsop to examine the Defendant's work space and desk area, and signed a consent form to this effect. Agent Hilsop searched the drafting table, bookshelves and other areas in plain view, and seized several items.
On November 1, 1994, Agent Hilsop returned along with FBI Special Agent Don Kusulas. They were again admitted to the upholstery shop by Mr. Robinson and permitted to look around, whereupon they seized additional items.
I. THE COURT FINDS THAT THE DEFENDANT ABANDONED THE PROPERTY IN HIS WORKPLACE AND RELINQUISHED ANY REASONABLE EXPECTATION OF PRIVACY IN THE SAME