Supreme Court ruling expands police authority in home searches

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surfsatwerk

Lifer
Mar 6, 2008
10,110
5
81
The "freedom" loving conservatives on the Supreme Court have struck again.

Everytime I hear a conservative caterwauling about "freedom", I have an overwhelming compulsion to thrust my arm down their throat and pull out their larynx.

Simmer down.
 

davmat787

Diamond Member
Nov 30, 2010
5,513
24
76
Don't complain. Here in the Netherlands they just passed a law where the police doesn't even require a search warrant anymore if they expect you might have an illegal alien in your house. The only thing they aren't allowed to do is break down walls to look behind them, which means that it's a pretty hollow law to begin with. They can bother you any time they want, but those really wanting to hide something can still do so.

Very interesting. Sounds like your country actually cares about citizenship and who resides within. Here in the US, certain groups would label you a racist or xenophobic or whatever the term dujour is for being concerned about illegal immigration.
 

Oldgamer

Diamond Member
Jan 15, 2013
3,280
1
0
So if your not home and police come by and one of your kids (who may not understand how the law works) gives them consent to come into your home when your not there is allowable now.. wow. Anyone have Ginsberg's full dissent btw? I would like to read what she had to say. So it was Alito and Scalia who were in favor of this?
 

PokerGuy

Lifer
Jul 2, 2005
13,650
201
101
So if your not home and police come by and one of your kids (who may not understand how the law works) gives them consent to come into your home when your not there is allowable now.. wow.

No, this ruling doesn't change any of that, that was already the case. What this case was about is a particular quirk of circumstances. Normally, if another occupant of the house was there, they could give the cops permission to search when you're not there. In this case, the guy was there, and told them "no". Then, after they arrested the guy, his wife who was at the house allowed them access.

As Alito correctly pointed out, if you say "no" to this reasoning, it means that her ability to grant permission to search is somehow subservient to his right to say no. That doesn't make sense.
 

Chiropteran

Diamond Member
Nov 14, 2003
9,811
110
106
This merely provides a person with the right to have police assistance even if their abuser objects. Not really as terrible as people make it out to be.

This, exactly this.

"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 in a Los Angeles case."

Girl calls the cops because her boyfriend is beating her.

Cops show up, boyfriend says "nope, you can't come in"

Girl says "no ignore him, please come in and help I called you for a reason"

Thanks to the ruling, cops can come in and aid the girl.
 

BUnit1701

Senior member
May 1, 2013
853
1
0
The "freedom" loving conservatives on the Supreme Court have struck again.

Everytime I hear a conservative caterwauling about "freedom", I have an overwhelming compulsion to thrust my arm down their throat and pull out their larynx.

Ahh, gotta love liberal tolerance of every viewpoint that aligns exactly with theirs...
 

werepossum

Elite Member
Jul 10, 2006
29,873
463
126
This, exactly this.

"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 in a Los Angeles case."

Girl calls the cops because her boyfriend is beating her.

Cops show up, boyfriend says "nope, you can't come in"

Girl says "no ignore him, please come in and help I called you for a reason"

Thanks to the ruling, cops can come in and aid the girl.
Aid her or, you know, shoot her. If she's an immediate threat, I mean, such as holding a hair dryer, a Wiimote, another sort of remote, or black.

But cattiness aside, I agree with your post.
 

Subyman

Moderator <br> VC&G Forum
Mar 18, 2005
7,876
32
86
He's saying F*** the Constitution, Cops can do whatever they want. This group of Supreme's has been the worst.

What are you talking about? It just says they only need one resident's consent to search the place, not everyone's. Cops aren't "doing whatever they want."
 

Kadarin

Lifer
Nov 23, 2001
44,303
15
81
What are you talking about? It just says they only need one resident's consent to search the place, not everyone's. Cops aren't "doing whatever they want."

One resident, or one occupant? Who is able to give consent? What's the definition of an occupant, vs a resident?
 

Fern

Elite Member
Sep 30, 2003
26,907
173
106
This, exactly this.

"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 in a Los Angeles case."

Girl calls the cops because her boyfriend is beating her.

Cops show up, boyfriend says "nope, you can't come in"

Girl says "no ignore him, please come in and help I called you for a reason"

Thanks to the ruling, cops can come in and aid the girl.

I didn't read the case, but I'm not sure the police could go ahead and enter under the fact pattern you laid out.

In the case at hand the resisting person was no longer at the house. This was emphasized several times. Under your fact pattern the resisting person is still in the house.

Fern
 

Fern

Elite Member
Sep 30, 2003
26,907
173
106
How does this ruling change from the previous caselaw that already said you could search if you obtained consent? The ruling, previously, stated that a resident could give you legal consent to search premises inside the home they had reasonable access to...like their bedroom, family room, kitchen, bathroom.

BUT..if there was a roomates room that he was not allowed to go into or was usually locked, police would need THAT person's consent as well in order to get in...or a search warrant if consent cannot be obtained.



"She noted that in 2006, the court had ruled in a Georgia case that a husband standing in the doorway could block police from searching his home, even if his estranged wife consented. In Tuesday's opinion, the majority said that rule applied only when the co-owner was "physically present" to object.

http://www.latimes.com/nation/la-na-scotus-lapd-search-20140226,0,3720623.story#ixzz2uVbw2VaA
"

Ahh...so it doesn't really change anything lol.

Yeah, I'm not seeing any real change.

Fern
 

werepossum

Elite Member
Jul 10, 2006
29,873
463
126
Did you miss the recent case where it was a 70 year old man reaching for a cane?

http://www.washingtonpost.com/natio...97852e-9f3d-11e3-878c-65222df220eb_story.html
Nope, any object can trigger "He's coming right at us, Ned!" Only hope when faced with cops is to remain very, very still until issued specific orders, then very slowly do as ordered. Otherwise one faces a very real threat of being shot. (I should add that I can also see the cop's side, which is why I will never be a cop.)
 

13Gigatons

Diamond Member
Apr 19, 2005
7,461
500
126
What are you talking about? It just says they only need one resident's consent to search the place, not everyone's. Cops aren't "doing whatever they want."


RESIDENT: Who gave you permission to search my place?

POLICE: Your Wife!

RESIDENT: I'm not married.

POLICE: To late, we found something.



...
 
Last edited:

Darwin333

Lifer
Dec 11, 2006
19,946
2,329
126
Fuck the Netherlands. Americans could give a shit about your laws and practices.

The main thread of concern is what's going on here in the US. Fuck a lot of law enforcement and fed govt and whoever else thinks they have the right to search my property without my say so (or a search warrant). They better have a damn good reason to search my shit, other than some NSA bullshit spy-evidence or they will get an ass full of brass. That's my right as an American citizen.

That is why they already use "overwhelming force"...... It won't work out well for you regardless if I think you would be right for doing so or not.
 
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