Joined: Sun Oct 17, 2004 7:19 pm Posts: 39068 Location: Chapel Hill, NC, USA Gender: Male
I find myself agreeing with Roberts.
Quote:
Supreme Court decides Americus search case
March 22, 2006
WASHINGTON (AP) -- The Supreme Court ruled today that police without a warrant cannot search a home when one resident says to come in but another tells them to go away.
The court's new leader, Chief Justice John Roberts -- complained that the ruling -- stemming from the Americus, Georgia case -- could hamper investigations of domestic abuse.
Justices said in a five-to-three decision that police did not have the authority to enter and search the home of a lawyer in Americus, even though the man's wife invited them in.
The officers -- who did not have a search warrant -- found evidence of illegal drugs. The Supreme Court has never ruled on whether the Constitution's ban on unreasonable searches covers a scenario when one home occupant wants to allow a search and another occupant does not.
Georgia had asked the court to allow it to use evidence obtained in the 2001 search that followed a police domestic dispute call.
Scott Fitz Randolph and his wife, Janet, were having marital troubles. She led officers to evidence later used to charge her husband with cocaine possession. That charge was on hold while the courts considered whether the search was constitutional.
Georgia's Supreme Court ruled for Scott Randolph, and the high court agreed. The case is Georgia versus Randolph, 04-1067.
_________________ "Though some may think there should be a separation between art/music and politics, it should be reinforced that art can be a form of nonviolent protest." - e.v.
Joined: Sun Oct 17, 2004 1:14 am Posts: 37778 Location: OmaGOD!!! Gender: Male
B wrote:
I find myself agreeing with Roberts.
Quote:
Supreme Court decides Americus search case
March 22, 2006
WASHINGTON (AP) -- The Supreme Court ruled today that police without a warrant cannot search a home when one resident says to come in but another tells them to go away.
The court's new leader, Chief Justice John Roberts -- complained that the ruling -- stemming from the Americus, Georgia case -- could hamper investigations of domestic abuse.
Justices said in a five-to-three decision that police did not have the authority to enter and search the home of a lawyer in Americus, even though the man's wife invited them in.
The officers -- who did not have a search warrant -- found evidence of illegal drugs. The Supreme Court has never ruled on whether the Constitution's ban on unreasonable searches covers a scenario when one home occupant wants to allow a search and another occupant does not.
Georgia had asked the court to allow it to use evidence obtained in the 2001 search that followed a police domestic dispute call.
Scott Fitz Randolph and his wife, Janet, were having marital troubles. She led officers to evidence later used to charge her husband with cocaine possession. That charge was on hold while the courts considered whether the search was constitutional.
Georgia's Supreme Court ruled for Scott Randolph, and the high court agreed. The case is Georgia versus Randolph, 04-1067.
I see both sides of it, but I agree with you, B. In my opinion, if any person with the right to grant entry to the police does so, it should be allowed.
Now if it were a situation of two roommates, each with their own bedroom, one rommate granting access should only be permitted to grant access to the common areas and his personal areas, not the other rommate's personal areas.
_________________ Unfortunately, at the Dawning of the Age of Aquarius, the Flower Children jerked off and went back to sleep.
I'm not sure where I stand on this. While it is true that an individual has the right to grant entry to his house, doesn't he also have the right to deny entry? Why does the right to allow entry control? Should we consider timing. i.e. does it matter if the husband explicitly denies them entry before the wife allows it?
I would need to think about it more before developing a better opinion.
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