Thursday, March 13, 2008
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].