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What The High Court Giveth The Lower Courts Taketh Away: How To Prevent Undue Scrutiny Of Police Officer Motivations Without Eroding Randolph's Heightened Fourth Amendment Protections, Marc Mcallister

Cleveland State Law Review

Beginning in 1969 with Frazier v. Cupp and extending through early 2006, the Supreme Court followed a trend of expanding the scope of lawful warrantless consent searches and correspondingly limiting privacy rights under the Fourth Amendment. Most likely, Georgia v. Randolph will be remembered as a bump along the road toward an ever-expanding consent doctrine. Despite Chief Justice Roberts' concerns, post-Randolph case law reveals that Randolph is not the watershed case its dissenters feared. Part II of this article summarizes the Randolph decision with emphasis on the Court's express limitations of its rule. Part III describes various post-Randolph cases that …