Georgia v. Randolph
While on trial for possession of cocaine, Randolph filed a motion to suppress evidence found when the police searched his home without a warrant. Randolph's wife had consented to the search but Randolf, who was present when the police came to the home, objected to the search. The police, believing that the wife’s consent was adequate, searched and found cocaine in the home. The trial court denied Randolph’s motion, but the appellate court reversed, holding that the evidence should have been suppressed. The Georgia Supreme Court affirmed, holding that because Randolph was present when the police came to his home, the police were required by the Fourth Amendment to heed his objection to the search.
Question Presented:
Can police search a home when a co-habitant consents and the other co-habitant is present and does not consent?
