Page 99 - North Carolina 2020 Legal Guide
P. 99

Task: Consent Search-Contradictory Co-Occupants






          Georgia v. Randolph,  547 U.S. 103  (2006).





               In seeking consent from a person to enter a home to conduct a

               search, law enforcement may not enter if a co-occupant of equal

               authority is present and objecting to the law enforcement entry, even

               though the other co-occupant is consenting to the entry.





               Note: If the police have probable cause, they may freeze the scene

               and get a search warrant or where exigent circumstances (and

               probable cause) exist, may enter under the exigent entry exception

               to the warrant requirement.










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