770 F.3d 809
9th Cir.2014Background
- Moore appeals his conviction for possession with intent to distribute marijuana and challenging the suppression ruling.
- Moore lived with his fiancée Kristen Jones, their child, and Jones’s relatives in a shared residence.
- DHS surveillance began January 2012 due to a tip of drug trafficking at Moore’s residence; later, a potential search warrant was contemplated.
- Jones signed a Consent to Search after returning to the scene and speaking with officers.
- The officers gained entry with Jones’s consent and a battering-ram after Moore and others did not answer the door.
- Miranda warnings were given; Moore admitted marijuana ownership and provided sourcing details, leading to trial and conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Randolph invalidates the search due to Moore’s presence and non-consent | Moore | United States | No; no express refusal by Moore, so Randolph not triggered. |
Key Cases Cited
- Georgia v. Randolph, 547 U.S. 103 (Supreme Court 2006) (co-occupant must expressly refuse for exclusion of consent)
- Fernandez v. California, 134 S. Ct. 1126 (Supreme Court 2014) (Randolph is a narrow exception; implicit refusals not enough)
- United States v. Williams, 521 F.3d 902 (8th Cir. 2008) (implicit conduct insufficient to override co-occupant consent)