Preston v. State

Phipps, Judge.

This appeal concerns the Fourth Amendment’s protection against unreasonable searches when consent to a warrantless search of a residence is given by an occupant other than the defendant. Specifically, we consider whether consent given by an occupant, who is not present at the search, authorizes a search when a co-occupant meets the law enforcement officers at the door and is placed under arrest for an unrelated offense, is not asked to consent to the search, is not informed of the co-occupant’s earlier consent, is not given a reason for the search, and does not object to the…