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CA11: Randolph does not require defendant be asked first

By John Wesley Hall, Jr.

Neither defendant nor the consenter were at the house when the consenter was asked. Nothing in Randolph requires the police first offer to the defendant to consent before asking somebody else with apparent authority. United States v. Travis, 2009 U.S. App. LEXIS 2797 (11th Cir. February 12, 2009) (unpublished)* (2672 month sentence for bank robbery and armed career criminal). Defendant's traffic stopped based a turn signal violation and on highly specific information from a CI that defendant was planning a burglary that weekend led to a seizure of evidence. Shortly thereafter, a court order was obtained for installation of a tracking device. The initial stop was based on reasonable suspicion and was not unreasonably extended. The tracking warrant had probable cause...continue to full post

Full post as published by Fourth Amendment on February 15, 2009 (boomark / email).