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Essay / Research Paper Abstract
A 10 page paper discussing the 2006 U.S. Supreme Court decision in Georgia v. Randolph, 04-1067, in which the Court ruled that police cannot conduct a search on the basis of consent of a tenant or owner if a co-tenant is present and objects to such a search. The paper discusses the ruling and its application for police. Bibliography lists 5 sources.
Page Count:
10 pages (~225 words per page)
File: CC6_KScrimSrchCons.rtf
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Unformatted sample text from the term paper:
Court made a ruling in a dispute centered in the Fourth Amendment to the Constitution relative to consent to search. The ruling directly affects the manner in which police
organizations can proceed when they seek to conduct a search without a warrant. Georgia v. Randolph, 04-1067 (2006) This case made its way
to the Supreme Court in 2005, after having traveled through the lower court system in a series of appeals. In that case, police were called to a residence in
response to a call made by a wife reporting a domestic incident in which Mr. Randolph had taken the couples child to a location unknown by Mrs. Randolph. The
husband and wife were estranged and Mrs. Randolph had recently returned with the couples child from her parents home in Canada. Ostensibly she had traveled to Canada to escape
home tensions and the conditions that had caused the couple to become estranged. Mr. Randolph returned to the home after police arrived and announced that he had taken the
child to a neighbors house to prevent Mrs. Randolph from taking the child out of the country again without Mr. Randolphs permission. In
Mr. Randolphs absence, after the police arrived Mrs. Randolph told the police "that her husband was a cocaine user whose habit had caused financial troubles. She mentioned the marital problems
and said that she and their son had only recently returned after a stay of several weeks with her parents" (Georgia v. Randolph). Mr. Randolph returned shortly thereafter and
explained his actions to the police. He countered that it was not he who indulged in cocaine use, but rather his estranged wife who abused not only illegal drugs
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