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GA: Person whose property was to be searched by third party consent was entitled to know it before search starts

By John Wesley Hall, Jr.

Defendant's live-in girlfriend complained to the police about him and his drugs, and she signed a consent to search their shared property. When the police arrived at the house, they arrested defendant on an outstanding traffic warrant and searched the house without her present and without telling him what they were doing. This made the search unreasonable under Randolph. Preston v. State, 2009 Ga. App. LEXIS 299 (March 16, 2009): Nevertheless, Randolph provides guidance in applying Fourth Amendment requirements to the facts of this case. The Court held that the "constant element in assessing Fourth Amendment reasonableness in the consent cases ... is the great significance given to widely shared social expectations." Thus, a basis for the Randolph decision was the Court's determination that a "co-tenant wishing to open the door to a third party has no recognized authority in law or social practice to prevail over a present and objecting co-tenant...continue to full post

Full post as published by Fourth Amendment on March 20, 2009 (boomark / email).