Georgia v. Randolph

Facts

The defendant and his wife, Janet, separated in late May 2001 and left the marital residence. In July, she returned to the home. On the morning of July 6th, she complained to the police that, after a domestic dispute, her husband took their son away. When officers went to the house, she told them that her husband was a cocaine user whose habit had caused financial troubles. She mentioned the marital problems and said that she and their son had only recently returned after a stay of several weeks away.

Shortly after the police arrived, the defendant returned and explained that he had removed the child to a neighbor’s house out of concern that his wife might take the boy out of the country again. He denied cocaine use, and countered that it was in fact his wife who abused drugs and alcohol. The officer asked permission to search the house, and the defendant refused. The officer then turned to Janet for consent to search, and she readily agreed. The police found cocaine and the defendant was charged for possession of cocaine.

He filed a motion to suppress, arguing that the search was not constitutional as there was no search warrant and he did not consent. The trial court denied the motion, ruling that the wife had authority to consent to the search. The Court of Appeals reversed, and the Supreme Court of Georgia affirmed, holding that the wife’s consent was not valid over the defendant’s refusal. The government appealed.