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: 1) by emg on Friday February 28 2014, @07:34PM
"I don't see any way around this issue other than to challenge her right to consent."
How can she possibly consent to a search of someone else's stuff?
If you rent out your basement, do you think the tenant should be able to consent to let the police search your house?
(Score: 1) by Runaway1956 on Friday February 28 2014, @07:53PM
Maybe I misunderstood something. Wasn't she his common law wife? She LIVED there. She had every right, and authority to authorize a search of her own home. What, exactly, is the difference between "live in girl friend" and "common law wife"? The difference of a year or so? They've been living together, and she had his baby - that seems good enough for me.
(Score: 2) by frojack on Friday February 28 2014, @08:05PM
She was cohabiting. It wasn't like she was a renter of a separate premises.
No, you are mistaken. I've always had this sig.