Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: Mr Rogers

....and Alito took the ruling beyond “we need to catch a violent suspect.”

“We therefore hold that an occupant who is absent due to a lawful detention or arrest stands in the same shoes as an occupant who is absent for any other reason,” Alito said.


14 posted on 02/25/2014 5:12:59 PM PST by Altariel ("Curse your sudden but inevitable betrayal!")
[ Post Reply | Private Reply | To 10 | View Replies ]


To: Altariel

Yes. Indeed, an occupant who is in jail doesn’t have total control over a residence. Why is that a shock?

From Thomas: “Accordingly, given a blank slate, I would analyze this case consistent with THE CHIEF JUSTICE’s dissent in Randolph: “A warrantless search is reasonable if police obtain the voluntary consent of a person authorized to give it.”...That is because “[c]o-occupants have ‘assumed the risk that one of their number might permit [a] common area to be searched.’”


19 posted on 02/25/2014 5:20:12 PM PST by Mr Rogers (I sooooo miss America!)
[ Post Reply | Private Reply | To 14 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson