State v. Chilson

Caplinger, J.:

In this interlocutory appeal, the State challenges the district court’s order granting defendant Jared Chilson’s motion to suppress drug evidence discovered in a search of the residence Chilson shared with his father. Relying upon Georgia v. Randolph, 547 U.S. 103, 164 L. Ed. 2d 208, 126 S. Ct. 1515 (2006), Chilson argues his father’s consent to search the shared residence was invalid and the resulting warrantless entry and search unreasonable, because Chilson, who was detained nearby, was not given an opportunity to refuse consent.

We hold that in the absence of evidence that…