Friday, May 15, 2015

Consider the following examples and explain whether you think the person has a reasonable expectation of privacy. A person who is a short-term...

In Georgia v. Randolph (2006) the
court held that when one resident in a house denies police consent to search, they can't
search the property based on another resident's consent. So the problem, I'd say, would
lie in determining exactly what a "short-term" guest would be. The rationale in
Georgia v. Randolph was that "co-equal roommates" can't speak for
each other. This was a departure from its reasoning in previous cases. But this example
is not talking about "co-equal roommates," and clearly property owners (or even rentors)
should be able to make decisions regarding their own homes, including granting consent
to search. So I would say, based on the logic of the cases previous to Georgia
v. Randolph
, which weren't totally overturned by the 2006 decision, that,
with the consent of the owner, police could search a house regardless of the short-term
guests' objections.

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