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Legal Brief (Gorgia v. Randolph)

Legal Brief (Gorgia v. Randolph) - 1 Georgia v Randolph U.S...

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1. Georgia v. Randolph U.S. 04-1067 (2006) 2. Respondent Scott Randolph whom present during refused to give officers permission to search house, yet his wife Janet also present allowed police to search house which resulted in Scott Randolph being arrest on possession of cocaine after finding during warrantless search by police. The fourth amendment law is at dispute of what a legal warrentless search is and what is not. The justices are deciding whether if both occupants present must agree on the search of the residents or if only one occupant is sufficient to perform a warrentless search. The justices also have to decided weather court case United State v. Matlock (415 U.S. 164) is at hand where officers may enter with the consent of one occupant if the other occupant is absent. Scott Randolph and wife Janet had separate sometime in late May of 2001, when she and son moved in with her parents in Canada. In July she returned to either reconcile with Scott or retrieve her valuables. On the morning of July 6 Janet called police after a domestic dispute occurred between her and Scoot about him taken their son away. As police arrived she stated that Scott had a cocaine problem which led to financial problems for them, along with the marital issues of the past. Soon after police had been at the estate Scott Randolph returned claiming he had only took the son to a neighbor’s house in fear that Janet would again flee the country with his son. He also denied cocaine use and claimed that it was actually Janet suffering from drug and alcohol abuse. Sergeant Murray along with Janet Randolph went to pick up the boy and once they returned she restated Scotts drug us and claimed that there was evidence inside the house of his drug use. At that time Sergeant Murray ask Scott for permission to perform a warrantless search of the home, in which Scott refused. Sergeant Murray then turned to Janet Randolph and asked her for consent on a search of the residents, which she happily agreed. Along with agreeing to search Janet led the officers up to what she claimed was Scotts bedroom. This is when the sergeant found a drinking straw with a powdery residue that he expected to be cocaine.
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