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posted by Dopefish on Friday February 28 2014, @06:00PM   Printer-friendly
from the freedom-is-not-free dept.

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?"

 
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  • (Score: 2) by Sir Garlon on Friday February 28 2014, @06:56PM

    by Sir Garlon (1264) on Friday February 28 2014, @06:56PM (#8688)

    Ending articles with a Betteridge Law question is one of the more annoyign things about Slashdot. Please stop doing it here.

    Betteridge's Law is for headlines. Asking a question in a headline to attract mouse clicks is very different from asking a question in a summary to seed the discussion.

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  • (Score: 3, Informative) by GungnirSniper on Friday February 28 2014, @08:31PM

    by GungnirSniper (1671) on Friday February 28 2014, @08:31PM (#8754) Journal

    Ending articles with a Betteridge Law question is one of the more annoying things about Slashdot. Please stop doing it here.

    Betteridge's Law is for headlines. Asking a question in a headline to attract mouse clicks is very different from asking a question in a summary to seed the discussion.

    Submitter here. That's how I've been looking at it. It isn't just to seed the discussion but to explain in question form why the article may be interesting to the SN community without too much editorializing. Asking a question doesn't prevent the discussion from from going in a completely different direction either.

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