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CA7: Randolph not violated where police waited for defendant to be gone on his own two weeks later

By John Wesley Hall, Jr.

On remand from United States v. Groves, 470 F.3d 311 (7th Cir. 2006), the district court expanded its findings that the consenter had apparent authority to consent to a search of the property, and the findings are not clearly erroneous. This included a nightstand that defendant said was his. In addition, the defendant had objected to the initial attempt of the police to get consent, and the police failed in their efforts to get a search warrant. They waited until he was at work and got consent from one with apparent authority, and Randolph was not violated because the police did nothing to procure his absence. Randolph should be read narrowly.(Randolph was decided after the search occurred.) United States v. Groves, 2008 U.S. App. LEXIS 13560 (7th Cir...continue to full post

Full post as published by Fourth Amendment on June 30, 2008 (boomark / email).