United States v. Johnson
2011 U.S. App. LEXIS 18006
6th Cir.2011Background
- Knock-and-talk at 220 Benefield Ave., Smyrna, TN, to investigate drug activity and firearms; residence owned by Angela Rawls, occupied by Rawls, her mother Maudie Conerly, Karen Johnson, and Johnson (defendant) with children.
- Defendant had been staying at the residence intermittently since May 2007; household members acknowledged residence, with some dispute about Johnson’s status.
- Consent to search sought from Conerly and Karen; Karen voluntarily turned over marijuana; Conerly and Karen provided consent forms before search.
- Johnson allegedly objected to the search; police testified he did not object, while some witnesses claimed he attempted to object.
- Search of the bedroom shared by Karen and Johnson yielded handgun, counterfeit money, marijuana, digital scales, computer equipment, and media devices belonging to Johnson.
- Indictment filed Sept. 17, 2008 for counterfeit securities, false identifications, and aggravated identity theft; Johnson pled guilty but preserved right to appeal denial of suppression; district court denied suppression; Johnson appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Johnson’s express objection invalidates co-occupant consent under Randolph | Johnson’s objection should render searches unreasonable | Randolph forecloses search over objecting co-occupant’s consent | Yes; objection renders search unreasonable as to Johnson |
Key Cases Cited
- United States v. Randolph, 547 U.S. 103 (2006) (co-occupant consent can negate third-party consent when one co-tenant objects)
- United States v. Ayoub, 498 F.3d 532 (6th Cir. 2007) (distinguishes between superior and lesser possessory interests; limits applicability to objecting co-occupant)
- Minnesota v. Olson, 495 U.S. 91 (1990) (privacy interest in shared bedroom; occupancy context for privacy expectations)