March 13, 2008
Interesting Eighth Circuit Decision Applying Georgia v. Randolph
On Tuesday, the en banc Eighth Circuit released this interesting decision applying the recent Supreme Court case Georgia v. Randolph on third-party consent. In Randolph, the Supreme Court held that when one co-tenant is present and refuses to consent to a search, that refusal is controlling, even in the face of consent by another co-tenant. In U.S. v. Hudspeth, the en banc Eighth Circuit addressed the issue whether the same is true when the objecting co-tenant is absent from the premises. The majority answered that question in the negative. [Mike Mannheimer].
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