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

To: Altariel

The continued flushing of our Constitutional rights is in full swing.


3 posted on 02/25/2014 5:02:06 PM PST by doc1019
[ Post Reply | Private Reply | To 1 | View Replies ]


To: doc1019

No. You might want to read the opinion first.

The ruling:

http://www.supremecourt.gov/opinions/13pdf/12-7822_he4l.pdf

The situation:

“Police officers observed a suspect in a violent robbery run into an apartment building, and heard screams coming from one of the apartments. They knocked on the apartment door, which was answered by Roxanne Rojas, who appeared to be battered and bleeding.

When the officers asked her to step out of the apartment so that they could conduct a protective sweep, petitioner came to the door and objected. Suspecting that he had assaulted Rojas, the officers removed petitioner from the apartment and placed him under arrest. He was then identified as the perpetrator in the earlier robbery and taken to the police station. An officer later returned to the apartment and, after obtaining Rojas’ oral and written consent, searched the premises, where he found several items linking petitioner to the robbery.

The trial court denied petitioner’ motion to suppress that evidence, and he was convicted.”

Also:

“Our cases firmly establish that police officers may search jointly occupied premises if one of the occupants consents. See United States v. Matlock, 415 U. S. 164 (1974). In Georgia v. Randolph, 547 U. S. 103 (2006), we recognized a narrow exception to this rule, holding that the consent of one occupant is insufficient when another occupant is present and objects to the search. In this case, we consider whether Randolph applies if the objecting occupant is absent when another occupant consents.”


10 posted on 02/25/2014 5:09:17 PM PST by Mr Rogers (I sooooo miss America!)
[ Post Reply | Private Reply | To 3 | 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