{"id":21532,"date":"2016-04-02T13:05:19","date_gmt":"2016-04-02T18:05:19","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=21532"},"modified":"2016-04-03T12:19:39","modified_gmt":"2016-04-03T17:19:39","slug":"oh9-randolph-doesnt-require-target-be-asked-for-consent-first","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=21532","title":{"rendered":"OH9: Randolph doesn&#8217;t require target be asked for consent first"},"content":{"rendered":"<p>Defendant\u2019s wife consented to the search of their house. There is no duty of the police to first ask the target of the search for consent under Randolph. The claim her consent wasn\u2019t voluntary wasn\u2019t in the motion to suppress nor litigated so it&#8217;s waived. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/9\/2016\/2016-Ohio-1333.pdf\">State v. Nestor<\/a>, 2016-Ohio-1333, 2016 Ohio App. LEXIS 1223 (9th Dist. March 30, 2016).<\/p>\n<p>Defendant was stopped for doing 95 on I-84 in Massachusetts. His passenger didn\u2019t have a seatbelt on, and the officer asked her for her ID. She didn\u2019t have it, but gave name and DOB and didn\u2019t seem sure of the year of birth. With her out of the car, they gave inconsistent answers about each other. She had her cell phone and allowed officers to call her mother, who said she was a 16 year old runaway. She permitted a search of her phone, and text messages from defendant were there about pimping her out. She consented; he had no \u201cstanding.\u201d <a href=\"http:\/\/media.ca1.uscourts.gov\/pdf.opinions\/14-2120P-01A.pdf\">United States v. Gemma<\/a>, 2016 U.S. App. LEXIS 5852 (1st Cir. March 30, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s wife consented to the search of their house. There is no duty of the police to first ask the target of the search for consent under Randolph. The claim her consent wasn\u2019t voluntary wasn\u2019t in the motion to suppress &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=21532\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[66,24,34],"tags":[],"class_list":["post-21532","post","type-post","status-publish","format-standard","hentry","category-burden-of-proof","category-consent","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21532","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=21532"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21532\/revisions"}],"predecessor-version":[{"id":21549,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21532\/revisions\/21549"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=21532"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=21532"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=21532"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}