No. 20-6467

Craig Howard v. United States

Lower Court: Sixth Circuit
Docketed: 2020-11-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment co-tenant co-tenant-consent consent-to-search detention fernandez fourth-amendment law-enforcement physical-presence randolph reasonable-search search-and-seizure
Latest Conference: 2021-01-08
Question Presented (from Petition)

(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 co-tenant's authority and mutual use of each bedroom?

Question Presented (AI Summary)

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?

Docket Entries

2021-01-11
Petition DENIED.
2020-12-17
DISTRIBUTED for Conference of 1/8/2021.
2020-12-09
Waiver of right of respondent United States to respond filed.
2020-11-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 28, 2020)

Attorneys

Craig Howard
Andre Courtney WhartonThe Wharton Law Firm, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent