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Article: Fourth Amendment - search and seizure - Eighth Circuit holds that a cotenant's consent at the time of the search can overrule a suspect's recent objection.
- Article from:
- Harvard Law Review
- Article date:
- January 1, 2009
CopyrightCOPYRIGHT 2009 Harvard Law Review Association. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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FOURTH AMENDMENT--SEARCH AND SEIZURE--EIGHTH CIRCUIT HOLDS THAT A COTENANT'S CONSENT AT THE TIME OF THE SEARCH CAN OVERRULE A SUSPECT'S RECENT OBJECTION.--United States v. Hudspeth, 518 F.3d 954 (8th Cir. 2008) (en banc).
"[T]here are few areas of Fourth Amendment jurisprudence of greater practical significance than consent searches." (1) However, some have described the Supreme Court's current consent doctrine as a legal fiction, imputing consent where none existed. (2) One situation in which this fiction has run into trouble is when two people have standing to consent, but they disagree. The Supreme Court touched on this problem in Georgia v. Randolph, (3) ...