UNITED STATES of America, Plaintiff-Appellee,
v.
Jack Wayne McKERRELL, Jr., Defendant-Appellant.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
July 5, 2007.
July 5, 2007.
Attorney(s) appearing for the Case
Timothy L. Faerber, Assistant United States Attorney (David E. O'Meilia, United States Attorney, with him on the brief), Tulsa, OK, for Plaintiff-Appellee.
Barry L. Derryberry, Assistant Federal Public Defender (John V. Butcher, Federal Public Defender, and Robert A. Ridenour, Assistant Federal Public Defender, with him on the brief), Tulsa, OK, for Defendant-Appellant.
Before BRISCOE, HOLLOWAY, and O'BRIEN, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
HOLLOWAY, Circuit Judge.
The Supreme Court in Georgia v. Randolph,547 U.S. 103, 126 S.Ct. 1515, 1519, 164 L.Ed.2d 208 (2006), held that the Fourth Amendment forbids a warrantless search of a shared dwelling for evidence over a physically-present resident's express objection, notwithstanding his or her co-tenant's consent to search. We must decide whether barricading oneself in one's residence, in an unsuccessful effort to avoid...
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