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Criminal Procedure

Mercer University School of Law

2007

Search and seizure

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Georgia V. Randolph: What To Do With A Yes From One But Not From Two?, Nathan A. Wood Jul 2007

Georgia V. Randolph: What To Do With A Yes From One But Not From Two?, Nathan A. Wood

Mercer Law Review

In Georgia v. Randolph, the United States Supreme Court held that when an officer asks two physically present occupants of the same shared residence for permission to search, that search is unreasonable under the Fourth Amendment to the United States Constitution when one occupant denies permission to search, though the other consents. In so holding, the Court created a new standard in which "widely held social expectations" dictate whether it is reasonable to assume an occupant has the authority to consent to a search.