United States v. Moore

Defendant appealed his conviction and sentence for possession of marijuana with intent to distribute, challenging the district court's denial of his motion to suppress evidence that was found at his residence. Defendant argued, pursuant to Georgia v. Randolph, that the search of the residence was unlawful because, even though his fiancee consented to the search of their joint residence, he was present at the residence and did not consent. The court held that the district court correctly determined that the search of defendant's residence did not violate the Fourth Amendment where Randolph requires that the resident who is refusing to consent both be present at the house and expressly refuse to allow the search. In this case, defendant refused to come to the door and agreed to let his fiancee, who also lived there, deal with the police. Accordingly, the court affirmed the judgment of the district court. View "United States v. Moore" on Justia Law