Can Police Search If One Co-Habitant Consents and the Other Refuses Entry? Supreme Court Says NO!

(Source: NNEDV)
GEORGIA V. RANDOLPH - 2006
The Supreme Court examined whether it is unconstitutional for police to search a home when a co-habitant consents and the other co-habitant is present and does not consent. On March 22, 2006, the Court ruled that it is a violation of a citizen's Fourth Amendment right against unreasonable searches if police search a home when one resident invites them in but another refuses their entry.

While advocates fear that this ruling could have an adverse affect on police responses to domestic violence calls, legal experts say this ruling does not prevent police from protecting victims of domestic violence. Counsel at Mintz, Levin, Cohn, Ferris, Glovsky, and Popeo have crafted an explanation of the decision's impact on domestic violence cases.

Randolph's Impact on Domestic Violence Cases(PDF)

The Supreme Court's opinions in Georgia v. Randolph(PDF)