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N.-M. Ct. App. en banc reverses Weston; husband's objection to consent at CID office did not prevent CID from asking wife without telling her

By John Wesley Hall, Jr.

The Navy-Marines Court of Appeals en banc reverses United States v. Weston, 65 M.J. 774 (N.-M. Ct. App. 2007), [somehow] distinguishing Randolph on its facts, recognizing that its narrow interpretation is part of a split in the Circuits. Husband's objection to consent at CID office did not prevent CID from asking his wife without telling her that he refused. They had voluntarily come to the CID office for an interview, and they were separated. He refused to consent, so the investigator went to the other room and asked his wife without telling him she had refused. The court found critical that the objection in Randolph occurred at home and Randolph's wife heard it. The court separately finds inevitable discovery because the investigation had progressed to the point that the evidence would have been found anyway...continue to full post

Full post as published by Fourth Amendment on April 03, 2008 (boomark / email).