United States v. Cooke, No. 10-20422 (5th Cir. 2012)
Annotate this CaseDefendant pleaded guilty to being a felon in possession of stolen firearms and body armor. Defendant's plea was subject to an appeal of the denial of his motion to suppress evidence, namely, the guns and armor discovered during a search of his house. Defendant alleged that the police unlawfully entered the curtilage while attempting to conduct a "knock and talk" in violation of the Fourth Amendment and that his mother's consent to enter the premises was vitiated by his prior express refusal under Georgia v. Randolph. The court held that the mother's consent attenuated any alleged Fourth Amendment violation in entering through the outside doors such that the causal chain between the alleged violation and the discovery of the evidence was broken. The court agreed with the Seventh and Eight Circuits that the objection of an absent co-tenant did not vitiate the consent of a physically present co-tenant under Randolph. Accordingly, Randolph applied only to searches conducted in the face of a present and objecting co-tenant. Therefore, the district court did not err in denying defendant's motion to suppress. The conviction and sentence were affirmed.
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