CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

A Member of the Law Professor Blogs Network

Thursday, 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].

http://lawprofessors.typepad.com/crimprof_blog/2008/03/interesting-eig.html

Search and Seizure | Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef00e5510e43a08833

Listed below are links to weblogs that reference Interesting Eighth Circuit Decision Applying Georgia v. Randolph:

Comments

Post a comment