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CAAF: Matlock and Randolph must be read together; CA9 rejected, CA7,8 followed

By John Wesley Hall, Jr.

Appellant's wife consented to a search of defendant's computer looking for pictures of video voyeurism. He did not show that he was removed from the premises so he could not object to the search. It was valid under Randolph. United States v. Weston, 2009 CAAF LEXIS 642 (C.A. A.F. June 11, 2009), rev'g 66 M.J. 544 (N-M. Ct. Crim. App. 2008): Appellant urges us to extend the holding of Randolph and adopt the reasoning of the United States Court of Appeals for the Ninth Circuit in United States v. Murphy, where the court discounted the significance of the physical presence and immediate challenge of the party not consenting to the search. 516 F.3d 1117, 1123-24 (9th Cir. 2008). Appellant further argues that we should look more generally to society's widely shared social expectations in determining the reasonableness of consent searches...continue to full post

Full post as published by Fourth Amendment on June 23, 2009 (boomark / email).