Police came to do a knock-and-talk, and defendant objected to a search of the bedroom he shared with his wife. When he objected, the police took the wife and her mother outside to talk about consent. The district court’s effort to find a hierarchy of privacy interests in the home has no foundation inRandolph, and this consent over objection violated Randolph. United States v. Johnson, 2011 U.S. App. LEXIS 18006 (6th Cir. August 29, 2011).
The blogger references an attorney at The Federal Criminal Appeals blog of Kaiser Law Firm. Included in that article might be the perfect holiday season gift.
h/t fourthamendment.com