Podcast Episode 5 - Georgia v. Randolph - 1 spouse’s objection to a warrantless consent search
The Supreme Court ruled 5-3 on Wednesday that it is unconstitutional for police without a warrant to search a home, if two occupants are present at the time and one consents but the other objects. The search may not go forward in the face of that objection, but the occupant must be present to have the objection count, the Court said in a decision written by Justice David H. Souter. The case was Georgia v. Randolph (04-1067).
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