1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Supremes allow consent searches of homes, even IF others have refused.

Discussion in 'Justice System, Criminal Lawyers' started by army judge, Feb 26, 2014.

Thread Status:
Not open for further replies.
  1. army judge

    army judge Law Topic Starter Super Moderator

    Messages:
    34,519
    Likes Received:
    5,811
    Trophy Points:
    113

    The Supremes have just released a stunning decision.

    Police officers can now enter and search a home without a warrant, even if only one occupant consents, where other occupants may have refused previous requests by police to search the premises. The Supreme Court decided Tuesday relative to an LAPD arrest.

    In a 6-3 ruling, triggered by a Los Angeles Police Department arrest in 2009, the ruling provides authorities more leeway to search homes without obtaining a search warrant, even when there is no emergency or set of exigent circumstances. It also allows occupants to allow the search, even if the occupants aren't owners or on the lease.

    The majority decision, led by Justice Samuel A. Alito Jr., said police need not take the time to get a magistrate's approval before entering a home in such cases. But dissenters, led by Justice Ruth Bader Ginsburg, warned that the decision would erode protections against warrantless home searches. The court had previously held that such protections were at the "very core" of the 4th Amendment and its ban on unreasonable searches and seizures.





     
  2. mightymoose

    mightymoose Moderator

    Messages:
    11,483
    Likes Received:
    2,027
    Trophy Points:
    113

    I believe this only applies if the dissenter is not present at the time of the search.
    You must be present to assert your rights.
     
  3. army judge

    army judge Law Topic Starter Super Moderator

    Messages:
    34,519
    Likes Received:
    5,811
    Trophy Points:
    113




    I'm not sure what this will become, M2.
    You're correct, as that was the result in this case.
    Fernandez was hauled away, and later Rojas consented to the search.


    The current set of Supremes are as divided and conflicted as the current Congress.
    I suspect this court won't right itself for at least a decade, if not two or three.


    In the meantime, their decisions will continue of this twisted, torturous path journey to The Land of the Illogical.



     

Share This Page

Thread Status:
Not open for further replies.