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Argued: Nov. 8, 2005
Decided: Mar. 22, 2006
How does this affect us as citizens?
This affects us as citizens because it informs us of our 4th Amendment right. We are allowed to refuse searches as the main occupant of a house and co-occupants can not trump our refusal.
Personal Opinions
Does a wife's (co-occupant) consent to search of the home outweigh an express refusal of the search by the husband who is present at the scene at the time of the search?
OR
Can one occupant give police valid consent to search a premises shared with another, even though the other occupant is present and objects to the search?
Janet Randolph and her husband, Scott, had been separated for a while but later on Scott allowed for Janet to live at his residence again. One day Janet called the police and filed a domestic disturbance, she further explained that Scott took their son away and had been using cocaine. As the police were there, Scott arrived home and objected to a house search. Janet then overruled him, and led the police to the cocaine. The police came back with a warrant and were able to to obtain a comprehensive search and seize many drugs from the house. Scott was arrested. In court he argued against the search being legal, saying it violated his 4th Amendment right.
In a 4-3 vote, the court found the search to be illegal.
In our opinion, we agree with the courts decision. The main occupant of a house should always have more weight than a co-occupant, and the police did not have the right to search Scott's house without his permission.
The majority opinion held that a physically present co-occupant's stated refusal to permit a search of the premises renders a warrant less entry and search unreasonable and invalid.
The dissent argued that the consent of Randolph's wife should be considered valid, because a occupant who is present to object, and does not extend the protection to absent of sleeping occupants.