Court of Appeals for the Tenth Circuit July 5, 2007, 06-5209 (United States v. Jack Wayne McKerrell Jr.)

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.