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CA7 & circuit split: Randolph distinguished; objector arrested and removed and his wife asked for consent

By John Wesley Hall, Jr.

Once an objecting party is removed, it may be permissible under Randolph to ask his spouse for valid consent. Court notes a conflict in the Circuits. United States v. Henderson, 2008 U.S. App. LEXIS 16615 (7th Cir. August 6, 2008) (2-1): Our decision in Groves did not address the precise question presented here; the two circuits to have done so are split. In United States v. Hudspeth, 518 F.3d 954 (8th Cir. 2008), an en banc majority of the Eighth Circuit determined that Randolph's holding is case specific and extends no further than its particular facts. In Hudspeth, police uncovered child pornography on the defendant's business computer while executing a search warrant. Believing that Hudspeth's home computer contained more illicit material, police asked him for consent to search it...continue to full post

Full post as published by Fourth Amendment on August 08, 2008 (boomark / email).