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SUPREME COURT OF THE UNITED STATES
GEORGIA v. RANDOLPH
certiorari to the supreme court of georgia
No. 04–1067. Argued November 8, 2005—Decided March 22, 2006

Respondent’s estranged wife gave police permission to search the marital residence for items of drug use after respondent, who was also present, had unequivocally refused to give consent. Respondent was indicted for possession of cocaine, and the trial court denied his motion to suppress the evidence as products of a warrantless search unauthorized by consent. The Georgia Court of Appeals reversed. In affirming, the State Supreme Court held that consent given by one occupant is not valid in the face of the refusal of another physically present occupant, and distinguished United States v. Matlock, 415 U. S. 164 , which recognized the permissibility of an entry made with the consent of one co-occupant in the other’s absence.

Held: In the circumstances here at issue, a physically present co-occupant’s stated refusal to permit entry renders warrantless entry and search unreasonable and invalid as to him. Pp. 4–19.