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In apparent authority one person in joint ownership can give permission to search a home acting as the decider. In authority to consent anyone present who owns the property to be searched must both consent. We also cannot remove one of the occupants who does not want to consent just because they want to go in without a warrant. In the circumstances here at issue, a physically present co-occupant's stated refusal to permit entry prevails, rendering the warrantless search unreasonable and invalid as to him. (GEORGIA v. RANDOLPH (No. 04-1067)) The difference in this case compared to others that are similar is that in other cases the secondary occupant was not home to deny the searches whereas in this case both owners were available for their consent or non-consent.

My opinion, though it may be unpopular, is that if two people are present and do own the same premises they should both have to consent.

Cornell Law School. (n.d.). GEORGIA v. RANDOLPH (No. 04-1067). Legal Information Institute. https://www.law.cornell.edu/supct/html/04-1067.ZO.html

Moak, S., & Carlson, R. (2014). Criminal Justice Procedure (8th ed.). Taylor & Francis. https://ecampus.vitalsource.com/books/9781317523178