Please don’t let the cops in the house while I’m at the store.
March 23, 2006 10:00 AM Subscribe
Yesterday the U.S. Supreme Court held in a 5-3 decision (.pdf) that police may not search a home if any inhabitant of the home is present and objects to the search, even if another inhabitant consents. The Court drew what it acknowledged is a “fine line” – if a co-inhabitant is at the door and objects, the police can’t enter; but if the co-inhabitant is somewhere else – even in a nearby police car – and has no opportunity to object, then police don’t need his or her consent. Chief Justice Roberts issued his first written dissent, blasting the majority’s “random” and “arbitrary” rule and suggesting that the ability of police to respond to domestic violence threats could be compromised. The zingers in the footnotes may reveal “strains behind the surface placidity and collegiality of the young Roberts court.”
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