GungnirSniper writes "By a six to three vote, the US Supreme Court has ruled police may enter a home if one occupant allows it even after another previously did not consent.
In the decision on Tuesday in Fernandez v. California, the Court determined since the suspect, Walter Fernandez, was removed from the home and arrested, his live-in girlfriend's consent to search was enough. The Court had addressed a similar case in 2006 in Georgia v. Randolph, but found that since the suspect was still in the home and against the search, it should have kept authorities from entering.
RT.com notes "Justice Ruth Bader Ginsburg joined in the minority by Justices Kagan and Sotomayor, marking a gender divide among the Justices in the case wrote the dissenting opinion, calling the decision a blow to the Fourth Amendment, which prohibits 'unreasonable searches and seizures.'"
Could this lead to police arresting people objecting to searches to remove the need for warrants?"
(Score: 2) by Nerdfest on Friday February 28 2014, @06:29PM
There would be absolutely no down-side to requiring a warring in this specific situation. There was no immediate risk of harm to anyone. This sounds like an excuse to poke another hole in the fourth.
(Score: 5, Informative) by hubie on Friday February 28 2014, @06:45PM
Actually, from TFA:
It seems that there was reason to believe that there was immediate risk, which is what they took the guy away for. Then, since he wasn't present, and because the woman consented to the search, they searched the place and found evidence implicating him for a robbery (not child abuse).