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CA7: Parsing Randolph again: Defendant was elsewhere when he refused

By John Wesley Hall, Jr.

Defendant was asked for consent for his house that he shared with his girlfriend where both were on the least, and he was asked elsewhere. This did not fit within Randolph because defendant was not removed so the police could ask the girlfriend in his absence. United States v. Reed, 2008 U.S. App. LEXIS 17717 (7th Cir. August 20, 2008): As the district court properly concluded, Reed's case does not fall within the ambit of Randolph. First, Reed was absent from the residence at the time Foster consented and the search was conducted. Reed's absence was a result of a valid arrest, and the police did not execute the arrest for the purpose of removing Reed from the area when the police obtained Foster's consent. See United States v. Wilburn, 473 F...continue to full post

Full post as published by Fourth Amendment on August 22, 2008 (boomark / email).