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AL: Randolph's comment about removing potential objector to consent is mere dicta

By John Wesley Hall, Jr.

The record did not support that the appellant was removed from the property to prevent him from objecting to somebody else consenting. And, even if there was, the part of Randolph about removing somebody to prevent consent is dicta. Mills v. State, 2008 Ala. Crim. App. LEXIS 117 (June 27, 2008).* Defendant's concession he had no reasonable expectation of privacy in the premises prevented him from challenging seizure of items in plain view. State v. Tarkington, 2008 Ariz. App. LEXIS 101 (June 27, 2008).* Defendant's car was used in a shooting, so its impoundment after defendant's arrest was valid, and so was the inventory. United States v. McCalla, 2008 U.S. App. LEXIS 13717 (11th Cir. June 26, 2008) (unpublished).*

Full post as published by Fourth Amendment on July 02, 2008 (boomark / email).