The accompanying flowcharts are designed to guide the reader through various legal issues. Many of the concepts will be inherently familiar to the experienced officer. And others will be helpful to recruits in the academy.
Scott Randolph was arrested for drug possession after police found cocaine in his home. The police did not have a warrant to search the home, but Randolph's wife consented to the search. Randolph was also present at the time of the search, however, and objected to the police request. At trial, his attorney argued that the search was unconstitutional because of Randolph's objection, while the prosecution argued that the consent of his wife was sufficient. The trial court ruled for the prosecution, but the appellate court and Georgia Supreme Court both sided with Randolph, finding that a search is unconstitutional if one resident objects, even if another resident consents.
Can police search a home when one physically present resident consents and the other physically present resident objects?
Rarely can investigators locate physical evidence or objective, disinterested witnesses to prove or disprove the allegations. Generally, less than 20% of citizen complaints are sustained, despite comprehensive investigations.