Your wife has always had the right to invite cops into your house. If you cannot trust her, why did you marry her?
The 4th Amendment does not prohibit all warrantless searches.
“Your wife has always had the right to invite cops into your house. If you cannot trust her, why did you marry her?”
Well, I didn’t marry her, so there’s your answer to that one. However, from the way the article reads, it seems like the police couldn’t search the home if one present occupant objected, but now they can, if they arrest that occupant and get him out of the way.
The obvious consequence of this ruling that I foresee is that police will use this new power during domestic disputes. As soon as they get the man in cuffs, they won’t need any stinking probable cause to go on a fishing expedition against him.
“The 4th Amendment does not prohibit all warrantless searches.”
No, but it puts some limits on what warrantless searches are allowed, and this is another little chip knocked off those limits.
It actually does if you look at the construction — indeed, unreasonable and warranted searches are prohibited thereby.
” The 4th Amendment does not prohibit all
warrantless searches.”
Actually, reading of the 4th does prohibit warrantless search. Those exceptions come from courts creating exceptions out of whole cloth, but they don’t exsist within the 4th.