The Court's Decision
In a 5-3 opinion written by Justice David Souter, the Court held a co-resident could refuse consent to a police search, even if another resident consented, specifically:
The question here is whether such an evidentiary seizure is likewise lawful with the permission of one occupant when the other, who later seeks to suppress the evidence, is present at the scene and expressly refuses to consent. We hold that, in the circumstances here at issue, a physically present co-occupant's stated refusal to permit entry prevails, rendering the warrantless search unreasonable and invalid as to him.
The Court's decision distinguished its previous rulings in Illinois v. Rodriguez, 497 U.S. 177 (1990) and Matlock. In Rodriguez and Matlock the police obtained voluntary consent from a co-occupant at the residence, and found evidence implicating another resident who was not present when the police obtained consent. The Court said that the present case was different from the previous two in that the co-resident was not present to refuse consent to the search. In Rodriguez the co-occupant who later objected to the search was asleep in a bedroom within the residence; in Matlock the later-objecting co-occupant was located in a nearby police vehicle.
Justice Alito did not participate in the argument or decision of the case.
Read more about this topic: Georgia V. Randolph
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