Despite a co-tenant approving a warrantless police search, a three-judge panel for the U.S. Court of Appeals for the Ninth Circuit said the search was unlawful and violated a Huntington Beach man’s Fourth Amendment rights.

The panel partially reversed the U.S. District Court for the Central District of California’s denial of defendant Brett Wayne Parkins’ motion to suppress a search of his apartment when officers from the Huntington Police Department questioned him for aiming a laser pointer at an aircraft.