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In this instance, Mr. Randolph was present and had specifically refused consent. The court ruled that his presence and specific refusal could not be overlooked.
Summary of the Ruling. Previous Fourth Amendment rulings had held that searches where consent was not obtained from an absent person could be used. In Georgia v Randolph, the distinguishing factor was that Mr. Randolph was present and had specifically refused consent. The evidence used against him was obtained during the warrant search, which was obtained on the basis of the original, non-warrant search that Mr. Randolph had refused. The ruling held that any evidence ultimately derived from that original, non-warrant search could not be used against Mr. Randolph, on the basis of his unequivocal refusal to consent. The court pointed out that this case does not supercede cases such as Rodriguez,...
For the search to be unlawful requires explicit refusal by a present resident of the home.
Other Dicta. The case revolves around property rights, which have traditionally been strongly protected. In the decision, the justices outlined procedure for obtaining such a warrant in a way that would not violate the Fourth Amendment rights of the other resident. In this case, the court upheld that the Fourth Amendment rights supercede other rights, in cases where there is disputed permission. The decision notes some of the loose ends that are tied up with respect to Matlock and Rodriguez. The issue does not appear entirely resolved, however, as the decision points out that if the police made the defendant unavailable, as in Matlock, it would seemingly have to be proven that they did not deliberately to avoid the consent issue.
Professional Student Athletes The Raw Numbers Eligibility Advantages of Sport Research Questions or Research Hypotheses Selection of Subjects Assumptions or Limitations Data Processing and Analysis SUMMARY, CONCLUSIONS, AND RECOMMENDATIONS Questions related to academic priority Questions related to role models Questions related to advantages Implications for Practice Questions related to support and pressure Implications for Practice Implications for Research and Resultant Recommendations High school sports are for some students a fond memory, for other students the golden ticket to the land of opportunity. For most students, it
This notion and the memory of flight, Young concludes, endure in the tradition of the contemporary African. We find it, for instance, in the writings of Toni Morrison, Edwidge Danticat, and Nella Larson as replica of the folkloric tradition that developed during the era of slavery and the slave trade and in tales and folkloric myths that are common predominantly along the Georgia coast. Flight became connected with death. Notions
Terry v Ohio (Supreme Court, 1968) -- Found that the 4th Amendment prohibition on unreasonable search and seizure is not violated when an officer of the law stops a suspect on the street and frisks them with probably cause to arrest if there is reasonable suspicion that the person has committed a crime, is about to commit a crime, or is in the process of committing a crime. Subsequent
It will use historical evidence to examine the role of the church is a spiritual entity. It will examine the role of the church as a political entity throughout changing political landscapes. It will explore the role of the church as a social service provider with regards to the importance of this role in helping black people to redeem themselves in light of historical cultural atrocities that they have
" (Foster, 1999) Within this framework there is no reference to gun ownership by individuals and according to Foster's report: "...it is reasonable to assume that private arms are intended for destruction under the term." (Foster, 1999) The work of David B. Kopel, a former assistant district attorney in Manhattan and presently a practicing attorney in Colorado writes in the work entitled: "Trust the People: The Case Against Gun Control" a