FourthAmendment Privacy JusticiabilityDoctri
Does the lawful detention of an objecting co-tenant in a squad car on the premises to be searched make him absent such that another co-tenant may consent to the search while the objecting co-tenant remains in the squad car, or will said objecting co-tenant's presence near the premises to be search, despite in a squad car, satisfy the physical presence requirement under Randolph and Fernandez?
QUESTIONS PRESENTED FOR REVIEW (1) Does the lawful detention of an objecting co-tenant in a squad car on the premises to be searched make him absent such that another co-tenant may consent to the search while the objecting co-tenant remains in the squad car, or will said objecting co-tenant’s presence near the premises to be search, despite in a squad car, satisfy the physical presence requirement under Randolph and Fernandez? (2) Is it reasonable for an investigating officer to rely on a single co-tenant’s consent to search a shared residence in order to search each separate bedroom of the residence and its contents without first possessing knowledge of the consenting cotenant’s authority and mutual use of each bedroom? 1