Supreme Court Splits in Limiting Police Searches
Date: Thursday, March 23 @ 14:12:54 CST
Topic: Archive of stories pre April 2007


WASHINGTON -- A homeowner has the right to bar the police from entering without a warrant to look for evidence of a crime even if the spouse agrees to the search, the Supreme Court ruled today.

In a 5-3 decision, the court upheld the privacy rights of a homeowner standing in the door and said those rights cannot be given away by another occupant of the dwelling.

The ruling, the first major criminal law decision of this term, came over a strong dissent from Chief Justice John G. Roberts Jr. He said people who share a dwelling give up most of their privacy rights.

In the case before the court, the wife's wish "to cooperate with the government" in a drug investigation should not be thwarted by her husband's refusal, Roberts said. Conservative Justices Antonin Scalia and Clarence Thomas agreed.

But a moderate-to-liberal majority led by Justice David H. Souter cited the "ancient adage that a man's home is his castle," and that even "the poorest man may in his cottage bid defiance to all the forces of the crown."

On a more everyday level, Souter said "no sensible person" would think he was free to enter a house if one of its two occupants stood in the doorway and said, "Stay out." That, in sum, is what happened in the case of Scott and Janet Randolph,

Source For Full Article : Click Here

Credit To Author.

Disclaimer

This website contains copyrighted news material - the use of which has not always been specifically authorized by the copyright owner. We believe that our use of such material for nonprofit educational purposes (and other related purposes) constitutes a 'fair use' of the copyrighted material as provided for in the US Copyright Law at Title 17 U.S.C. Section 107. If you wish to use this copyrighted material for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner. If for any reason you believe that our use of your material on this site does not fall within the fair use guidelines, please immediately notify The Black Vault so that we can promptly address the matter.

Sincerely,

John Greenewald, Jr.

The Black Vault Headquarters

http://www.blackvault.com





This article comes from The Black Vault
http://www.theblackvault.com

The URL for this story is:
http://www.theblackvault.com/modules.php?name=News&file=article&sid=15921