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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSupreme Court Rules Police DO NOT Need A Warrant To Search Your Home
Countercurrent
Much to the surprise of the general public, the U.S. Supreme Court has ruled in favor of expanded the ability of law enforcement to search without warrants.
Justice Samuel Alito wrote for the majority of the court which ruled 6 to 3 that when occupants of a residents disagree on whether they will admit police without a warrant, the objecting occupant must be physically present, the Washington Post reported. That doesnt change if police have removed the objector, the court added.
An occupant who is absent due to a lawful detention or arrest stands in the same shoes as an occupant who is absent for any other reason, Justice Samuel A. Alito Jr. wrote.
Alito said there was no need for officers to obtain a warrant, the Post explained. When they arrived the first time, having followed Fernandez from the scene of a robbery, Rojas answered the door crying, with a bump on her nose and blood on her hands and shirt.
Alito noted that denying someone in Rojas position the right to allow the police to enter her home would also show disrespect for her independence. Having beaten Rojas, petitioner would bar her from controlling access to her own home until such time as he chose to relent.
The case in question stemmed from a 2009 arrest and search related to a robbery in Los Angeles.
More
http://countercurrentnews.com/2015/06/supreme-court-rules-police-do-not-need-a-warrant-to-search-your-home/
Recursion
(56,582 posts)even if the husband doesn't want one. Do you disagree with that?
MineralMan
(146,333 posts)In fact, I'm sure of it. The ruling protects a resident of the place's right to allow a search without a warrant, even if another resident who has been arrested refuses such a warrantless search. It's an equality thing. It's not permission to search places without a warrant on a general basis.
Betty Karlson
(7,231 posts)fishwax
(29,149 posts)and an erosion of fourth amendment protections.
MineralMan
(146,333 posts)who live in a residence as equal. A resident can allow police to search if another resident has been arrested, under this ruling. Why should a resident be subservient to the wishes of another resident in a situation where the police have arrested the other resident?
This will affect many situations, including domestic violence situations. It does not affect the basic rights under the 4th Amendment. Instead, it recognizes the equality of residents in a place.
fishwax
(29,149 posts)because if the objector is still present, then the objection prevails.
Saying that an objection to searching one's residence should matter even in that person's absence does not make the other resident subservient. That claim is ridiculous, since the other resident could cooperate in a myriad of ways if they want to. Not having one's home searched is not a violation of one's rights.
As to whether this affects the fourth amendment, I agree with the court's wisest voice, Ruth Bader Ginsburg, who wrote the dissent.
WinkyDink
(51,311 posts)MohRokTah
(15,429 posts)Having read the article, I also know that Ginsburg, Sotomayor, and Kagan were the dissenters.