Today’s SCOTUS order list includes the denial of the military cert petition in Weston v. United States, No.  09-287.

4 Responses to “Cert denied in Weston”

  1. Anonymous says:

    I was hoping the Supreme’s would take this one on and resolve the issue. I think it had all the earmarks for good law to me made. Will this embolden police, CID to split up homeowners and play them against each other?

  2. Anon says:

    As I understood the facts from the opinion, the police didn’t really split the couple up as imagined in Georgia v. Randolph. The cops went to the house to get the accused and she asked to accompany him to the Provost Marshall’s office. They let her drive with him to the PMO but since the CID wanted to interview him, they took him into a separate room. This isn’t quite the same as taking the protesting husband out of the house so they can ask for consent from the wife who remains behind. It is an interesting set of facts.

  3. Mike "No Man" Navarre says:

    The Golden CAAF will remain perched on top of a wardroom tv for another few months at least.

  4. Anonymous says:

    Anon: Your recollection of the facts is accurate. Mrs. Weston in the company of her husband and some electronics and the “real” razor, drove themselves voluntarily to CID where after initially pleading mistake, the two were split up into separate rooms. She, still believing her husband, granted consent (and it was ruled voluntary by the MJ) which resulted in a seized computer where images of his erstwhile victim were. Still, an over zealous or inexperienced prosecutor or police official may read these narrow facts incorrect and believe carte blanche has been tendered by the Supremes reluctance to use Weston’s case as the vehicle to provide clarity. Perhaps the facts as they were just didn’t meet their expectations. This ends the SSGT, or now Mr. Weston legal military justice saga.