OR explains Randolph and the removed objector

Oregon explains Randolph, Matlock, and Rodriguez in detail where the objector was removed from the scene. His objection continues. State v. Caster, 236 Ore. App. 214, 234 P.3d 1087 (2010):

Randolph is best viewed not as an “exception” to co-occupant consent cases like Matlock and Rodriguez, but rather as an illustration of the ordinary rule that warrantless searches are unauthorized. That is, Randolph is properly understood as a case in which the Court was unable to find, as it had in Matlock and Rodriguez, an exception to the warrant requirement. In determining whether the circumstances merited a departure from the ordinary rule, the Court explained that the “constant element” in assessing whether a warrantless entry is reasonable based on the co-occupant’s consent is “the great significance given to widely shared social expectations.” 547 US at 111. The Court ultimately concluded that police cannot reasonably rely on a co-occupant’s consent in the face of an express, “at-the-door” objection, because there is ordinarily “no societal understanding of superior and inferior” as between the rights of co-occupants. 547 US at 114. Such is the case, according to the Court, “whether the issue is the color of the curtains or invitations to outsiders.” Id.

Thus, the question before us is whether some different societal understanding obtains once the objecting tenant has been arrested. That is, does it somehow become “reasonable” under the Fourth Amendment for police to ignore a tenant’s earlier objection once that tenant is arrested? We are not persuaded that it does.