We previously noted that the Supremes have called for a response from the SG to the military cert petition in Weston v.  United States, No. 09-287.  The SG’s response deadline has been extended to 30 November.

The cert petition is available here.  Here are the QPs:

I

Whether the Court of Appeals for the Armed Forces erred in holding that Georgia v. Randolph, 547 U.S. 103 (2006), does not apply to the consent search of Petitioner’s marital home where agents from the Marine Corps’ Criminal Investigation Division (CID) first received Petitioner’s unequivocal objection to a search of his marital home and then obtained consent from Petitioner’s wife, both of whom were physically located in separate interrogation rooms aboard CID’s building after being escorted to the CID building from their marital home.

II

Whether the lower court erred in holding that Georgia v. Randolph, 547 U.S. 103 (2006), does not apply to the consent search of Petitioner’s marital home where agents from the Marine Corps’ Criminal Investigation Division (CID), after having received Petitioner’s unequivocal objection to a search of his marital home, seized Petitioner’s cellular telephone as he was mid-conversation with a criminal defense attorney, arrested Petitioner without probable cause, and held Petitioner incommunicado in a CID detention cell for two to three hours, until the search had concluded, thereby preventing Petitioner from communicating his objection to his wife and preventing Petitioner from entering his marital home and restating his objection.

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