Thursday, November 18, 2004
Consent to Search Given By One Resident of Home Cannot Trump Refused Consent by Other Resident, Georgia Supreme Court Holds
The Supreme Court of Georgia recently held in State v. Randolph that when two residents of a home are
both on the scene when police ask for permission to search the
premises, consent given by cannot trump the other's refusal
to consent. This holding diverges from the approach taken by several other courts that have considered the matter. For more on this case and the split of authority, click here.