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By Shari Allison

It was A-OK for cops to search a house pursuant to the wife's consent, even though the husband had denied consent. You'd think that the Supreme Court's decision in Georgia v. Randolph, 547 US 103 (2006), would mean that the search was a definite no-no. But not in the eyes of the 7th Circuit. In this case, the police were called to a domestic violence disturbance. His wife said there were illegal items in the house. Defendant denied consent to search. The police then arrested him and took him away. They then got consent from the wife to search and found drugs, firearms and fireworks, which were the basis for federal charges. The 7th Circuit reasoned that the defendant's objection to the search "lost its force when he was validly arrested and taken to jail...continue to full post

Full post as published by Tenth Circuit Blog on September 11, 2008 (boomark / email).