Showing posts with label Police Misconduct. Show all posts
Showing posts with label Police Misconduct. Show all posts

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.