The U.S. Supreme Court has just green-lit law enforcement officers to enter American homes without a warrant.
At least there was some dissent; Justice Alito wrote about the 6-3 decision that, “When occupants of a residence disagree on whether they will admit police without a warrant, the objecting occupant must be physically present. That doesn’t change if police have removed the objector…”
Just turn that over in your mind for a moment and you can start to see how truly dangerous a precedent that is!
Read page 2 for background on the case and ruling:
Scalia: Supreme Court now a ‘threat to American democracy’
By Pete Kasperowicz (@PeteKDCNews)
6/26/15 10:57 AM
http://www.washingtonexaminer.com/article/2567108
no they can’t!!!
more good news. http://www.vox.com/2014/10/29/7083371/swat-no-knock-raids-police-killed-civilians-dangerous-work-drugs
Yeah..I wonder how many of the geniuses commenting upon this headline actually took the time to read the article upon which it is based. The cops, rightly, made their initial entry based upon exigent circumstance (look it up yourselves) and removed Fernandez, later arresting him. After he was removed from the residence and the cops left, they at some later point later point returned (apparently not in a SWAT stack as depicted by this article) and received a consent from the girlfriend to conduct a search of the residence. A consent to conduct a search can be revoked at any time during the search by the party providing the consent but the girlfriend did not revoke that consent and only later, probably after recovering from her busted nose and reconciling with the cretin who busted it, claimed intimidation (as cops, we never see this…a statistical anomaly…NOT!!) Police can search the common areas of a residence and those areas specifically controlled by the consenting party but areas solely controlled by and in the possession of a third party to which the consenter is not allowed unabated access are prohibited from search and thus discovery. This is a site attempting to establish outrage by an attorney attempting to establish pretty crappy case law.
this can be a lose lose situation – police sometimes enter the wrong address due to bad information or a false call. Then if the home owner defends against an unannounced intruder someone is likely to get shot and suffer without good reason…
NO THEY CANNOT
They screwed up when they left……they already had probable cause to believe a crime had been committed. They should have gone in, removed both occupants, and secured the home pending a warrant.
Past time to take this country back.
At Least I’ll die a free man.
This opinion is clearly correct. If the police show up for a domestic violence call, of COURSE they’re going to go in if the victim answers the door covered in blood, and once the DV offender is arrested, of COURSE the only remaining legal occupant can give consent to search.