But is this case consent to search was denied.
How long does the denial last, One second after he is removed?
- Bad ruling on rights. I would rather the guilty go free sometimes than have fundamental rights eroded.
Exactly. And in today’s law enforcement climate, YOU are guilty of SOME crime. All that has to be done is find you in violation of some obscure law, and voila, arrest!
The ruling deals with that issue. But frankly, as long as one of the legal occupants agrees, then what basis is there for rejecting a search of common areas? If someone with authority to say, “Come on in” says, “Come on in”, then what is the problem?
Don’t like it? Live by yourself.
Exactly. That is where I think the Court got this particular case wrong. The guy objected to the search. The cops knew he objected to the search. The cops arrested the guy, and removed him from the premises. Once they removed him (and his objection) from the premises, they proceeded to search, still knowing that he objected to the search.
Under those facts, calling the search a "consent" search seems an awful stretch, to me at least. Particularly since, once the guy was arrested, the risk of evidence destruction was nil, and they could have easily gotten a warrant to search the premises.