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Supreme Court Ruling Relaxes Warrant Requirements For Home Searches 500

Posted by Unknown Lamer
from the arrest-everyone-until-someone-consents dept.
cold fjord writes with news that the Supreme Court has expanded the ability of police officers to search a home without needing a warrant, quoting the LA Times: "Police officers may enter and search a home without a warrant as long as one occupant consents, even if another resident has previously objected, the Supreme Court ruled Tuesday ... The 6-3 ruling ... gives authorities more leeway to search homes without obtaining a warrant, even when there is no emergency. The majority ... said police need not take the time to get a magistrate's approval before entering a home in such cases. But dissenters ... warned that the decision would erode protections against warrantless home searches." In this case, one person objected to the search and was arrested followed by the police returning and receiving the consent of the remaining occupant.
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Supreme Court Ruling Relaxes Warrant Requirements For Home Searches

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  • Re:So... (Score:5, Interesting)

    by brainboyz (114458) on Wednesday February 26, 2014 @03:03PM (#46348861) Homepage

    I have. Cop asked if he could search my truck during a traffic stop. I was arrested so the truck would be "unattended" thus could be towed and he could "inventory" it.

    "I would prefer you didn't."
    "Why?"
    "Strictly on principle. I don't agree with that and not a fan of people digging through my stuff."
    "Sir, I'm going to have you step out of the car and place your hands behind you back..."

  • Re:Sure (Score:4, Interesting)

    by pegr (46683) on Wednesday February 26, 2014 @03:43PM (#46349469) Homepage Journal

    Actually, he could have protected himself with, "B*TCH! Get out of my house!" If she isn't on the lease, then she is staying as a guest. If the permission for a guest to stay is rescinded and she stays, she is now a trespasser. Trespassers cannot give consent to a search.

  • by Khashishi (775369) on Wednesday February 26, 2014 @03:51PM (#46349589) Journal

    Can a landlord give consent to search a tenant? (Supposing the landlord doesn't live there.)

  • Re:So... (Score:5, Interesting)

    by QuantumPion (805098) on Wednesday February 26, 2014 @04:06PM (#46349793)

    Oh yeah? Just ask this guy. [youtube.com] He was absolutely arrested for not consenting to a search by lying cops. And as shown in the video, the prosecutor states that if he wasn't lucky to have had a clear recording they would have no qualms about and would have gotten away with lying to convict him. The linked video is full of all sorts of blatant gestapo corruption on the part of the cops AND the court (at one point the judge called the sheriff to arrest him for not letting the prosecutor see exculpatory evidence, when sheriff arrived he simply told the judge he couldn't arrest him for that).

  • Re:Sure (Score:5, Interesting)

    by joaommp (685612) on Wednesday February 26, 2014 @04:24PM (#46349967) Homepage Journal

    What happens if the occupant that consents has no legal rights over that house? I mean, what if is only a visitor or has even forced himself inside the house?

  • Re:Sure (Score:4, Interesting)

    by rtb61 (674572) on Wednesday February 26, 2014 @08:32PM (#46352857) Homepage

    What people are ignoring here is what actually constitutes a search and what the police are allowed to do in conducting the search. There should be a huge difference between a consent search and a warrant against consent search.

    With regard to a consent search, the property own at all times should be allowed to limit and control the extent of the search and the manner in which it is conducted and that consent can be withdrawn at any time by the property owner. Also in regards to a consent search the police can not direct the property owner to behave in any particular matter, nor remain in any particular location nor can they restrain them. With regard to a consent search the property owner should be in complete control of the search at all times.

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