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Wednesday, February 26, 2014

Courts - "SCOTUS Opens Door To Easier Police Searches"

Here is Nina Totenberg's NPR report on Tuesday's SCOTUS opinion that:

... police may search a home without a warrant if one person who lives there consents, even if another occupant has previously objected. The 6-3 decision would seem to seriously undercut a 2006 high court ruling that barred warrantless searches of a home where the occupants disagreed on giving consent.

In 2006, the justices, by a close vote, ruled that when two occupants of a home disagree about whether to allow police to conduct a warrantless search, the police must defer to the person who objects. But now the court has ruled that when the objecting occupant is no longer there, his objections are no longer valid.

SCOTUSblog has a longer analysis here, by Rory Little.

The opinion is Fernandez v. California.

How Appealing
has collected many story links here.

Posted by Marcia Oddi on February 26, 2014 10:08 AM
Posted to Courts in general