Newsbrief: Georgia Supreme Court Says Wife Can't Consent to Search of Home Against Husband's Will 11/12/04

Drug War Chronicle, recent top items

more...

recent blog posts "In the Trenches" activist feed

SUBSCRIBE TODAY!!!


http://stopthedrugwar.org/chronicle/362/search.shtml

In a Monday ruling, the Georgia Supreme Court held that police may not conduct a warrantless search of a home based on the consent of one spouse over the objection of the other. In a 4-3 ruling, the court threw out evidence of cocaine use by Americus attorney Scott Fitz Randolph, who was arrested after his wife called police to their home and showed them what she said was proof of his drug habit.

In the opinion, Justice Robert Benham said the home of two people who "have equal use and control of the premises" cannot be the subject of a warrantless search if one occupant gives consent "in the face of the refusal of another occupant who is physically present at the scene."

Randolph was charged with cocaine possession in July 2001, after his wife called police during a domestic disturbance. She told arriving officers Randolph was using large amounts of cocaine and gave them permission to search the house. Over her husband's repeated objections, she took officers to an upstairs bedroom where they found a straw with cocaine residue on it. In a pre-trial appeal, Randolph and his attorneys attempted to have the evidence suppressed, arguing it was the fruit of an unlawful search.

They lost at the trial court level, but won in the court of appeals last December. This week's state Supreme Court decision upholds that ruling. "One person can't trump another person's rights," Randolph's lawyer, W.T. Gamble III, told the Associated Press. "It's different if only one person is home and consents. But when you're both there and one of them objects, that's another story."

Read the decision in Randolph v. State at http://www2.state.ga.us/Courts/Supreme/pdf/s04g0674.pdf online.

-- END --
Link to Drug War Facts
Please make a generous donation to support Drug War Chronicle in 2007!          

PERMISSION to reprint or redistribute any or all of the contents of Drug War Chronicle (formerly The Week Online with DRCNet is hereby granted. We ask that any use of these materials include proper credit and, where appropriate, a link to one or more of our web sites. If your publication customarily pays for publication, DRCNet requests checks payable to the organization. If your publication does not pay for materials, you are free to use the materials gratis. In all cases, we request notification for our records, including physical copies where material has appeared in print. Contact: StoptheDrugWar.org: the Drug Reform Coordination Network, P.O. Box 18402, Washington, DC 20036, (202) 293-8340 (voice), (202) 293-8344 (fax), e-mail [email protected]. Thank you.

Articles of a purely educational nature in Drug War Chronicle appear courtesy of the DRCNet Foundation, unless otherwise noted.

Issue #362, 11/12/04 Editorial: The Spirit of Lawfulness | Ever Upward: At Nearly 1.5 Million, US Prison Population at New High | In an Hour of Conservative Ascendancy: Prospects for Drug Reform at the Federal Level During the Next Four Years | Syracuse Reconsiders Drug Policy | Newsbrief: Congressional Drug Warrior Threatens Canada Over Marijuana Legislation | Newsbrief: In New Twist in Thai Drug War, Police Detain and Drug Test Club Goers | Newsbrief: Ann Arbor Officials to Ignore Voters' Will on Medical Marijuana | Newsbrief: Georgia Supreme Court Says Wife Can't Consent to Search of Home Against Husband's Will | Newsbrief: Austin, Texas, Cop Killed Enforcing Marijuana Possession Law | Newsbrief: Supreme Court to Look at Drug Dogs in Traffic Stops | This Week in History | The DARE Generation Returns to DC: Students for Sensible Drug Policy 2004 National Conference Next Month | Apply Now to Intern at DRCNet! | DrugWarMarket.com Seeking Information, Affiliations, Link Exchanges | The Reformer's Calendar
Mail this article to a friend
Send us feedback on this article
This issue -- main page
This issue -- single-file printer version
Drug War Chronicle -- main page
Chronicle archives
Subscribe now!
Out from the Shadows HEA Drug Provision Drug War Chronicle Perry Fund DRCNet en EspaŮol Speakeasy Blogs About Us Home
Why Legalization? NJ Racial Profiling Archive Subscribe Donate DRCNet em PortuguÍs Latest News Drug Library Search
special friends links: SSDP - Flex Your Rights - IAL - Drug War Facts

StoptheDrugWar.org: the Drug Reform Coordination Network (DRCNet)
1623 Connecticut Ave., NW, 3rd Floor, Washington DC 20009 Phone (202) 293-8340 Fax (202) 293-8344 [email protected]