Georgia V. Randolph Statement of Research Proposal

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In this instance, Mr. Randolph was present and had specifically refused consent. The court ruled that his presence and specific refusal could not be overlooked.

Summary of the Ruling. Previous Fourth Amendment rulings had held that searches where consent was not obtained from an absent person could be used. In Georgia v Randolph, the distinguishing factor was that Mr. Randolph was present and had specifically refused consent. The evidence used against him was obtained during the warrant search, which was obtained on the basis of the original, non-warrant search that Mr. Randolph had refused. The ruling held that any evidence ultimately derived from that original, non-warrant search could not be used against Mr. Randolph, on the basis of his unequivocal refusal to consent. The court pointed out that this case does not supercede cases such as Rodriguez, which are still applicable.

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For the search to be unlawful requires explicit refusal by a present resident of the home.

Other Dicta. The case revolves around property rights, which have traditionally been strongly protected. In the decision, the justices outlined procedure for obtaining such a warrant in a way that would not violate the Fourth Amendment rights of the other resident. In this case, the court upheld that the Fourth Amendment rights supercede other rights, in cases where there is disputed permission. The decision notes some of the loose ends that are tied up with respect to Matlock and Rodriguez. The issue does not appear entirely resolved, however, as the decision points out that if the police made the defendant unavailable, as in Matlock, it would seemingly have to be proven that they did not deliberately to avoid the consent….....

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