{"id":2205,"date":"2008-08-31T17:28:09","date_gmt":"2008-06-30T06:41:02","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-06-30T06:41:02","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2205","title":{"rendered":"CA7: Randolph<\/em> not violated where police waited for defendant to be gone on his own two weeks later"},"content":{"rendered":"

On remand from United States v. Groves, 470 F.3d 311 (7th Cir. 2006), the district court expanded its findings that the consenter had apparent authority to consent to a search of the property, and the findings are not clearly erroneous. This included a nightstand that defendant said was his. In addition, the defendant had objected to the initial attempt of the police to get consent, and the police failed in their efforts to get a search warrant. They waited until he was at work and got consent from one with apparent authority, and Randolph<\/em><\/a> was not violated because the police did nothing to procure his absence. Randolph<\/em> should be read narrowly. (Randolph<\/em> was decided after the search occurred.) United States v. Groves<\/a>, 530 F.3d 506 (7th Cir. 2008):<\/p>\n

… The district court had no opportunity at the time of the motion to suppress to consider the question because Randolph was decided after the case came to us on appeal. Consistent with our remand, the district court considered whether the police officers here “procured Groves’ absence for the purpose of avoiding an objection” such that Randolph would be triggered. Groves I<\/em>, 470 F.3d at 321. The court found that the officers did nothing to procure Groves’ absence from the premises and so Randolph provides no relief.<\/p>\n

In addition to the officers playing no active role in securing Groves’ absence, Groves was not objecting at the door, as Randolph requires. Indeed, a few weeks had passed since he had refused the officers’ first attempts to obtain his consent. Moreover, that the government agents waited until Groves was at work to seek Foster’s consent did not undermine the validity of the search because they had no active role in securing Groves’ absence. This fact is critical, as it makes this case even further removed from the facts of Randolph<\/em> than either Wilburn<\/em>, 473 F.3d 742, or United States v. DiModica<\/em>, 468 F.3d 495 (7th Cir. 2006), in which this court declined to apply Randolph where the defendants were in valid police custody at the time consent was sought from co-tenants. At bottom, Randolph<\/em> expressly disinvites anything other than the narrowest of readings; because the facts here are readily distinguishable, Randolph<\/em> does not render Foster’s consent invalid. <\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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