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To: DannyTN

That’s not at all what it says.


33 posted on 02/25/2014 5:30:56 PM PST by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: lepton
Yeah, I understand. I read this line wrong.

"Justice Samuel Alito wrote the court's 6-3 decision holding that an occupant may not object to a search when he is not at home."

Obviously the occupant who is still there can consent to a warrantless search. In this case, the guy had registered an objection, before being arrested. I think the police should have gotten a warrant given the prior SCOTUS ruling that one objection required a warrant.

It's the fact that he objected before being removed that makes this a bad ruling. Had he not been there in the first place to object, then the wife could have consented.

85 posted on 02/25/2014 6:51:37 PM PST by DannyTN
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