Page 99 - Original 2020 Legal Guide By Jack Ryan

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.

©2020 Jack Ryan Legal & Liability Risk Management Institute 98