Georgia v. Randolph | |
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Argued November 8, 2005 Decided March 22, 2006 | |
Full case name | Georgia v. Scott Fitz Randolph |
Docket no. | 04-1067 |
Citations | 547 U.S. 103 ( more ) 126 S. Ct. 1515; 164 L. Ed. 2d 208; 2006 U.S. LEXIS 2498; 74 U.S.L.W. 4176 |
Case history | |
Prior | Defendant's motion to suppress evidence denied, State v. Randolph, Sumter Superior Court; reversed, 590 S.E.2d 834 (Ga. Ct. App. 2003); cert. granted, Supreme Court of Georgia, April 28, 2004; affirmed, 604 S.E.2d 835 (Ga. 2004); cert. granted, sub. nom. Georgia v. Randolph, 125 S. Ct. 1840 (2005) |
Holding | |
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. Supreme Court of Georgia affirmed. | |
Court membership | |
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Case opinions | |
Majority | Souter, joined by Stevens, Kennedy, Ginsburg, Breyer |
Concurrence | Stevens |
Concurrence | Breyer |
Dissent | Roberts, joined by Scalia |
Dissent | Scalia |
Dissent | Thomas |
Alito took no part in the consideration or decision of the case. | |
Laws applied | |
U.S. Const. amend. IV |
Georgia v. Randolph, 547 U.S. 103 (2006), is a case in which the U.S. Supreme Court held that without a search warrant, police had no constitutional right to search a house where one resident consents to the search while another resident objects. The Court distinguished this case from the "co-occupant consent rule" established in United States v. Matlock , 415 U.S. 164(1974), which permitted one resident to consent in absence of the co-occupant.
Respondent Scott Randolph and his wife, Janet Randolph, separated in late May 2001, when she left the marital residence in Americus, Georgia, and went to stay with her parents in Canada, taking their son and some belongings. In July, she returned to the Americus house with the child; the record does not register her motive for returning.
On the morning of July 6, she complained to the police that, after a domestic dispute, her husband had taken their son from the marital residence, and when the police reached the Randolph house, she told them that her husband was a cocaine user whose drug use habit had caused the family financial troubles. She mentioned the marital problems, saying that she and their son had only recently returned after a several weeks' stay with her parents. Shortly after the policemen arrived, Scott Randolph returned, explaining to them that he had removed their son to a neighbor's house, worried that his wife might again take the boy out of the U.S.; Scott Randolph denied using cocaine, and countered that it was his wife, Janet, who used illegal drugs and abused alcohol.
One of the policemen, Sergeant Murray, went with Janet Randolph to reclaim the Randolph child from the neighbor; when they returned, she renewed her complaints about her husband's drug use and volunteered that there were “items of drug evidence” in the house. Sergeant Murray asked Scott Randolph for permission to search the house; he refused. The sergeant then asked Janet Randolph's consent to search the Randolph house, which she readily gave, and then led him to an upstairs bedroom she identified as Scott's, where the sergeant noticed a section of a drinking straw with a powder residue he suspected was cocaine. He then left the house to get an evidence bag from his patrol car, and to call the district attorney's office, which instructed him to stop the search and apply for a search warrant. When Sergeant Murray returned to the house, Janet Randolph withdrew her consent to searching the house. The police took the drinking straw to the police station, along with the arrested occupants. After obtaining a search warrant, they returned to the Randolph house and seized further evidence of illegal drug use, on the basis of which Scott Randolph was indicted for possession of cocaine.
At court, Scott Randolph moved to suppress the evidence, as products of a warrantless search of his house, unauthorized by his wife's consent over his express refusal. The trial court denied the motion, ruling that Janet Randolph had "common authority" to consent to the search.
In a 5-3 opinion written by Justice Souter, the Court held a co-resident could refuse consent to a police search, even if another resident consented. [1] 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 United States v. Matlock , 415 U.S. 164 (1974). 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, who had yet to be confirmed when the case was argued, did not participate in the argument or decision of the case.
Justices Stevens and Breyer separately concurred with the Court majority opinion. Justice Stevens's concurrence attacked the "originalists" view of the Fourth Amendment, noting that the search would remain prohibited had the Court attempted to apply the law based upon the meaning intended by the Founding Fathers, noting that when the Fourth Amendment was written, the law of the time would have made the husband the "master of his house":
In the 18th century . . . given the then-prevailing dramatic differences between the property rights of the husband and the far lesser rights of the wife, only the consent of the husband would matter. Whether "the master of the house" consented or objected, his decision would control. Thus, if "original understanding" were to govern the outcome of this case, the search was clearly invalid because the husband did not consent. History, however, is not dispositive, because it is now clear, as a matter of constitutional law, that the male and the female are equal partners.
Justice Breyer's concurrence stressed that the majority opinion was rather specific, writing "the circumstances here include the following":
The search at issue was a search solely for evidence. The objecting party was present and made his objection known clearly and directly to the officers seeking to enter the house. The officers did not justify their search on grounds of possible evidence destruction. Cf. Thornton v. United States , 541 U.S. 615, 620–622 (2004); Skinner v. Railway Labor Executives' Assn. , 489 U.S. 602, 623 (1989); Schmerber v. California , 384 U.S. 757, 770–771 (1966). And, as far as the record reveals, the officers might easily have secured the premises and sought a warrant permitting them to enter. See Illinois v. McArthur , 531 U.S. 326 (2001). Thus, the "totality of the circumstances" present here do not suffice to justify abandoning the Fourth Amendment's traditional hostility to police entry into a home without a warrant. I stress the totality of the circumstances, however, because, were the circumstances to change significantly, so should the result.
Chief Justice Roberts feared the Court's ruling would limit the ability of police to combat domestic violence. Chief Justice Roberts also noted that the purpose of the Fourth Amendment was to protect individual privacy, but any person who shares a dwelling (or, as Chief Justice Roberts points out, a locker or a hard drive) with another person may anticipate that the other person sharing access to their belongings might turn them over to authorities. In short, to share a home with someone is to surrender privacy as to that person, who might then consent to an invasion of it. Roberts also asserted that the majority opinion was arbitrary, as previous case law had held an objecting resident who was being held in the police car, as opposed to in the house, could be ignored with respect to the search.
Justice Antonin Scalia wrote a short dissent as a response to Justice Stevens's concurrence:
The issue of who could give such consent generally depended, in turn, on “historical and legal refinements” of property law. As property law developed, individuals who previously could not authorize a search might become able to do so, and those who once could grant such consent might no longer have that power . . . There is nothing new or surprising in the proposition that our unchanging Constitution refers to other bodies of law that might themselves change . . . Finally, I must express grave doubt that today’s decision deserves Justice Stevens’ celebration as part of the forward march of women’s equality. Given the usual patterns of domestic violence, how often can police be expected to encounter the situation in which a man urges them to enter the home while a woman simultaneously demands that they stay out?
In August 2006, a California trial court suppressed evidence after police acquired an absent resident's permission to enter a dwelling, but failed to knock-and-announce before entering to discover another resident using drugs. [2] In Fernandez v. California (2014), the Supreme Court held that, when the resident who objects to the search of the dwelling is removed for objectively reasonable purposes (such as lawful arrest), the remaining resident may validly consent to search.
The Fourth Amendment to the United States Constitution is part of the Bill of Rights. It prohibits unreasonable searches and seizures and sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized.
In United States criminal law, probable cause is the legal standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal and for a court's issuing of a search warrant. One definition of the standard derives from the U.S. Supreme Court decision in the case of Beck v. Ohio (1964), that probable cause exists when “whether at [the moment of arrest] the facts and circumstances within [the] knowledge [of the police], and of which they had reasonably trustworthy information, [are] sufficient to warrant a prudent [person] in believing that [a suspect] had committed or was committing an offense.”
United States v. Place, 462 U.S. 696 (1983), is a decision by the Supreme Court of the United States in which the Court held that it does not violate the Fourth Amendment to the U.S. Constitution for a trained police dog to sniff of a person's luggage or property in a public place.
California v. Greenwood, 486 U.S. 35 (1988), was a case in which the Supreme Court of the United States held that the Fourth Amendment does not prohibit the warrantless search and seizure of garbage left for collection outside the curtilage of a home.
Knock-and-announce, in United States law criminal procedure, is an ancient common law principle, incorporated into the Fourth Amendment, which requires law enforcement officers to announce their presence and provide residents with an opportunity to open the door prior to a search.
United States v. Matlock, 415 U.S. 164 (1974), was a Supreme Court of the United States case in which the Court ruled that the Fourth Amendment prohibition on unreasonable searches and seizures was not violated when the police obtained voluntary consent from a third party who possessed common authority over the premises sought to be searched. The ruling of the court established the "co-occupant consent rule," which was later explained by Illinois v. Rodriguez, 497 U.S. 177 (1990) and distinguished later by Georgia v. Randolph (2006), in which the court held that a third party could not consent over the objections of a present co-occupant, and Fernandez v. California (2014), where the court held when the objecting co-resident is removed for objectively reasonable purposes, the remaining resident may validly consent to search.
Brigham City v. Stuart, 547 U.S. 398 (2006), is a United States Supreme Court case involving the exigent circumstances exception to the Fourth Amendment's warrant requirement. The Court ruled that police may enter a home without a warrant if they have an objectively reasonable basis for believing that an occupant is or is about to be seriously injured.
Hudson v. Michigan, 547 U.S. 586 (2006), is a United States Supreme Court case in which the Court held that a violation of the Fourth Amendment requirement that police officers knock, announce their presence, and wait a reasonable amount of time before entering a private residence does not require suppression of the evidence obtained in the ensuing search.
Consent searches are searches conducted by United States law enforcement after obtaining the voluntary consent of the person being investigated. In some cases, consent may also be obtained from certain third-parties. Searches that are the product of consent are one of several recognized exceptions to the warrant requirement of the Fourth Amendment to the United States Constitution. The prosecution bears the burden of proving that consent was freely and voluntarily given. Courts look to the totality of the circumstances to determine whether consent was freely and voluntarily given.
Ferguson v. City of Charleston, 532 U.S. 67 (2001), is a United States Supreme Court decision that found Medical University of South Carolina's policy regarding involuntary drug testing of pregnant women to violate the Fourth Amendment. The Court held that the search in question was unreasonable.
Arizona v. Gant, 556 U.S. 332 (2009), was a United States Supreme Court decision holding that the Fourth Amendment to the United States Constitution requires law-enforcement officers to demonstrate an actual and continuing threat to their safety posed by an arrestee, or a need to preserve evidence related to the crime of arrest from tampering by the arrestee, in order to justify a warrantless vehicular search incident to arrest conducted after the vehicle's recent occupants have been arrested and secured.
Michigan v. Summers, 452 U.S. 692 (1981), was a 6–3 decision by the United States Supreme Court which held for Fourth Amendment purposes, a warrant to search for contraband founded on probable cause implicitly carries with it the limited authority to detain the occupants of the premises while a proper search is conducted.
Kentucky v. King, 563 U.S. 452 (2011), was a decision by the US Supreme Court, which held that warrantless searches conducted in police-created exigent circumstances do not violate the Fourth Amendment as long as the police did not create the exigency by violating or threatening to violate the Fourth Amendment.
United States v. Jones, 565 U.S. 400 (2012), was a landmark United States Supreme Court case in which the court held that installing a Global Positioning System (GPS) tracking device on a vehicle and using the device to monitor the vehicle's movements constitutes a search under the Fourth Amendment.
Bailey v. United States, 568 U.S. 186 (2013), was a United States Supreme Court case concerning search and seizure. A 6–3 decision reversed the weapons conviction of a Long Island man who had been detained when police followed his vehicle after he left his apartment just before it was to be searched. Justice Anthony Kennedy wrote the majority opinion, and Antonin Scalia filed a concurrence. Stephen Breyer dissented.
Florida v. Jardines, 569 U.S. 1 (2013), was a United States Supreme Court case which resulted in the decision that police use of a trained detection dog to sniff for narcotics on the front porch of a private home is a "search" within the meaning of the Fourth Amendment to the United States Constitution, and therefore, without consent, requires both probable cause and a search warrant.
Steagald v. United States, 451 U.S. 204 (1981), is a United States Supreme Court case which held that, based on the Fourth Amendment, a police officer may not conduct a warrantless search of a third party's home in an attempt to apprehend the subject of an arrest warrant, absent consent or exigent circumstances.
Fernandez v. California, 571 U.S. 292 (2014), was a U.S. Supreme Court case that explored the limits of Georgia v. Randolph, a 2006 case that held that consent to search a dwelling is invalid in the presence of an objecting co-resident. Fernandez, however, held that when the objecting co-resident is removed for objectively reasonable purposes, the remaining resident may validly consent to search.
Riley v. California, 573 U.S. 373 (2014), is a landmark United States Supreme Court case in which the court ruled that the warrantless search and seizure of the digital contents of a cell phone during an arrest is unconstitutional under the Fourth Amendment.
United States v. Drayton, 536 U.S. 194 (2002), was a case in which the United States Supreme Court clarified the applicability of Fourth Amendment protections to searches and seizures that occur on buses, as well as the function of consent during searches by law enforcement. During a scheduled stop in Tallahassee, Florida, police officers boarded a Greyhound bus as part of a drug interdiction effort and interviewed passengers. After talking to two of the passengers and asking if they could "check [their] person", officers discovered the two passengers had taped several packages of cocaine to their legs. At trial, the passengers argued that officers violated their Fourth Amendment rights against unreasonable searches and seizures because the police engaged in coercive behavior and never informed them that their participation in the drug interdiction efforts was voluntary.