United States Seventh Circuit

In a prosecution for drug and firearms offenses, suppression of evidence obtained in a search consented to by defendant's wife after defendant was arrested and removed from the home is reversed where a refusal of consent by a present and objecting resident does not remain effective to bar the voluntary consent of another resident with authority after the objector is arrested and is therefore no longer present and objecting.

Appellate Information

• Argued 10/30/2007
• Decided 08/06/2008
• Published 08/06/2008

Judges

• SYKES, Circuit Judge., Before MANION, ROVNER, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Edmond E. Chang (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Imani Chiphe (argued), Office of the Federal Defender Program, Chicago, IL, for Defendant-Appellee.