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Americus case overturned

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November 11, 2004

Americus-- A South Georgia case questioning spouses' rights to consent to a search of their home is overruled by the state Supreme Court and could be heard by the highest court in the land.

In July 2001, Americus police were called to this home on Brown Street for a domestic disturbance. The wife allowed them to search her home without a warrant, directing them to cocaine she said belonged to her husband, Scott Randolph, an Americus attorney.

Randolph objected to the search. He later appealed his drug conviction and won. Now, the State Supreme Court upheld that the search was unconstitutional.

District Attorney Cecilia Cooper says the ruling will greatly impact how authorities handle consensual searches, "It has implications further than drug cases. Now the Supreme Court hasn't gone there yet but the argument could certainly be made that it could impact every search in every kind of case."

The state is considering appealing the case to the U.S. Supreme Court.

Posted at 4:17 p.m. by melissa.kill@walb.com