Showing posts with label Georgia v. Randolph. Show all posts
Showing posts with label Georgia v. Randolph. Show all posts

Tuesday, February 25, 2014

New U.S. Supreme Court 4th Amend decision:



According to  Findlaw.com: " Fernandez v. California, No. 12-7822
The rule of Georgia v. Randolph, 547 U. S. 103 (2006), that the consent of one occupant to a search is insufficient when another occupant is present and objects to the search, does not extend to the very different situation in this case, where consent was provided by an abused woman well after her partner, the defendant, had been removed from the apartment they shared."

I have mixed feelings on this one.  However, I disagree. I think the missing partner still has a reasonable expectation of privacy to the same extent as the occupant in Ga. v. Randolph.