....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.
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 JUSTICEs 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.