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NH: Cotenant with somebody on probation or parole is subject to searches under the prior consent

By John Wesley Hall, Jr.

Defendant and his girlfriend lived together in a hotel room. She was on probation and had previously signed blanket consent to search. When the PO came to the motel room to search, defendant did not specifically object to it. Randolph was not violated by his body language when he did not specifically object. State v. Tarasuik, 2010 N.H. LEXIS 50 (May 20, 2010): The defendant argues that he presented non-verbal cues that he was uncomfortable with the search, and if either officer had asked him for consent to search, he would have refused. Even if we assume that the defendant's body language implied that he did not consent to the search, the defendant's argument under Randolph fails. Randolph applies only when an occupant “expressly refuses to consent,” which did not occur here...continue to full post

Full post as published by Fourth Amendment on May 24, 2010 (boomark / email).