Stories
Slash Boxes
Comments

SoylentNews is people

US Supreme Court Increases Police Search Powers

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?"

 
This discussion has been archived. No new comments can be posted.
US Supreme Court Increases Police Search Powers | Log In/Create an Account | Top | 68 comments | Search Discussion
Display Options Threshold/Breakthrough Mark All as Read Mark All as Unread
The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.

  • (Score: 2) by Khyber on Friday February 28 2014, @08:09PM

    by Khyber (54) on Friday February 28 2014, @08:09PM (#8734) Journal

    Nope. Supreme Court already ruled on arrests due to unlawful evidence this making it an unlawful arrest. You may kill an officer if you feel your arrest is invalid an can prove it.

    Kill the unlawful cops, you have a legal right to.

    --
    Destroying Semiconductors With Style Since 2008, and scaring you ill-educated fools since 2013.
    Starting Score:    1  point
    Karma-Bonus Modifier   +1  
    Total Score:   2  

  • (Score: 1) by rts008 on Friday February 28 2014, @10:35PM

    by rts008 (3001) on Friday February 28 2014, @10:35PM (#8849)

    What unlawful arrest?

    There was no unlawful arrest in this case.

    Did you even bother reading the article, or just 'knee jerking' at a slanted summary?(see comment title;-)

  • (Score: 2, Insightful) by etherscythe on Friday February 28 2014, @11:56PM

    by etherscythe (937) on Friday February 28 2014, @11:56PM (#8896) Journal

    Legally, maybe. Get back to me in the next life about how that works out for you.

    For myself, I'm gonna keep following my "keep a low profile" strategy. Cops have a tendency to act [rt.com] rather zealously [dailymail.co.uk] towards cop-killers, whether they feel morally justified or not. I just don't see the reciprocal violence thing working out in a practical and satisfying manner - at least on an individual level.

    --
    "Fake News: anything reported outside of my own personally chosen echo chamber"