Monday, February 21, 2011

GEORGIA v. RANDOLPH

Georgia v. Randolph, 547 U.S. 103(2006)is a case in which the Supreme Court of the United States held that police without a search warrant could not constitutionally search a house in which one resident consents to the search while another resident objects The court distinguished the case from the "co-occupant consent rule" announced in United States v. Matlock, 415 U.S. 164 (1974), which permitted one resident to consent in the co-occupant's absence. The case proved yet another battle in the ongoing contest between proponents of the "Originalist" and the "Living Constitution" philosophies on the Court (and within American jurisprudence).

Know Your Rights - You Do Not Have to Consent to a Search!

Police officers know the restrictions, and know that they are not allowed to search without probable cause. To get around this requirement, they will often ask for your consent. If a police officer asks for permission to search your car, your home, or your person - you generally have the right to say NO.

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