NEW JERSEY SEARCH & SEIZURE : SPOUSAL CONSENT

The estranged wife gave police permission to search the marital home for items of drug use after the husband, who was also present, had unequivocally refused to give consent. He was indicted for possession of cocaine. 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 Georgia 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 validity of entry made with the consent of one co-occupant in the other's absence. HELD: under these circumstances, the husband's stated objection renders the search unreasonable and invalid as to him.  Georgia v. Randolph, United States Supreme Court, ___U.S.___ (2006); March 27, 2006

http://www.law.cornell.edu/supct/html/04-1067.ZS.html