[JoeSixPack1]

...the police call came when she returned for a few days to get belongings.

No longer being a fulltime occupant of the home puts her "yes" in jeopardy.

[festus]

"The wife says come on in and the husband is right there and says no."

This is easy. The husbands word should always trump the wife's

Ducking........

[AmishDude]

"The two words on my mind are 'spousal abuse,'" Justice Stephen Breyer said.

Well, it's true, this guy can't get out 9 words without sounding like a pompous horse's ass.

It's tough to sound pompous in print, but Breyer manages to do it.

[gitmo]

"Don't we have to look to social understanding and the right to privacy?" O'Connor asked. "The wife says come on in and the husband is right there and says no."

Unfreakingbelievable. There are numerous clauses in the United States Constitution that directly apply to this situation, and this woman refers only to "social understanding" (whatever the heck that is today) and to an unenumerated right. She should never have been confirmed to the court.

[An.American.Expatriate]

Intersting . . .

On the one hand, two people have equal rights to privacy and, since both are present, one can not speak for the other.

On the other hand, the police were responding to a domestic disturbance complaint - where, likely, access to the domicile would be needed to ascertain whether a crime was being comitted (remember that it can be assumed that one or the other of the persons present could be "under duress" and unable to tell the police what occurred.)

Lastly, it seems obvious that the women used the situation to implicate her husband in a crime other than the one being investigated . . .

IMHO, the court should allow the entry into the domicile for the purpose of discovering whether the complaint was vaild - anything beyond that, should have needed a valid warrant.

[mysterio]

It wouldn't be a problem if the police just got a warrant. They shouldn't be able to come in without a warrant even if you take out a full page ad in USA Today inviting them to. If they have a warrant, it doesn't matter who says come in or don't.

Not surprised to see the usual "if you're not doing anything wrong" crowd in here tossing in their vote for tyranny.

[ZULU]

"Don't we have to look to social understanding and the right to privacy?" O'Connor asked. "The wife says come on in and the husband is right there and says no."

I guess O'Connor will have to consult with French or German law to settle this one.