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Supreme Court Ruling Relaxes Warrant Requirements For Home Searches

cold fjord writes with news that the Supreme Court has expanded the ability of police officers to search a home without needing a warrant, quoting the LA Times: "Police officers may enter and search a home without a warrant as long as one occupant consents, even if another resident has previously objected, the Supreme Court ruled Tuesday ... The 6-3 ruling ... gives authorities more leeway to search homes without obtaining a warrant, even when there is no emergency. The majority ... said police need not take the time to get a magistrate's approval before entering a home in such cases. But dissenters ... warned that the decision would erode protections against warrantless home searches." In this case, one person objected to the search and was arrested followed by the police returning and receiving the consent of the remaining occupant.

3 of 500 comments (clear)

  1. Re:So... by brainboyz · · Score: 5, Interesting

    I have. Cop asked if he could search my truck during a traffic stop. I was arrested so the truck would be "unattended" thus could be towed and he could "inventory" it.

    "I would prefer you didn't."
    "Why?"
    "Strictly on principle. I don't agree with that and not a fan of people digging through my stuff."
    "Sir, I'm going to have you step out of the car and place your hands behind you back..."

  2. Re:So... by QuantumPion · · Score: 5, Interesting

    Oh yeah? Just ask this guy. He was absolutely arrested for not consenting to a search by lying cops. And as shown in the video, the prosecutor states that if he wasn't lucky to have had a clear recording they would have no qualms about and would have gotten away with lying to convict him. The linked video is full of all sorts of blatant gestapo corruption on the part of the cops AND the court (at one point the judge called the sheriff to arrest him for not letting the prosecutor see exculpatory evidence, when sheriff arrived he simply told the judge he couldn't arrest him for that).

  3. Re:Sure by joaommp · · Score: 5, Interesting

    What happens if the occupant that consents has no legal rights over that house? I mean, what if is only a visitor or has even forced himself inside the house?