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Politics : Politics for Pros- moderated

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From: LindyBill	11/7/2005 6:52:19 PM
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Tomorrow's Argument: Georgia v. Randolph SCOTUS BLOG By Lauren Kofke Police arrive at a home shared by a husband and wife who are in the midst of an argument. They don't have a warrant or probable cause to search the house. They ask the husband for his consent to a search, and he says no. They ask the owners of the house for their consent to a search, and they both say no. Finally, police turn to the wife and ask for her consent to search the house. She says yes. Does it violate the Fourth Amendment for police to search a home on the basis of consent in these circumstances? That is the question before the Court tomorrow in Georgia v. Randolph, No. 04-1067. Georgia Senior Assistant Attorney General Paula K. Smith will argue for petitioner Georgia. Deputy Solicitor General Michael R. Dreeben will argue for the United States as amicus curiae supporting petitioner. Tom Goldstein from Goldstein & Howe will argue for respondent Scott Fitz Randolph. The party briefs are available here. The brief of the United States is available here. The National Association of Criminal Defense Lawyers amicus brief in support of Randolph is available here. scotusblog.com

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