[GovernmentShrinker]

I can see a lot of situations where this would infringe on the wife's rights. Say hubby is dealing drugs or child porn out of the house, which they share with their children, and she needs this documented for divorce/custody/child support proceedings. It's her house too, and she's trying to protect her children. She has a right to have her home searched if that's what she wants, and the right to have it searched before scummy-hubby gets rid of the evidence.

[nativesoutherner]

In your case, US vs Matlock would apply and she could invite the police in anytimr the hubby was not "physically present". BTW, there is a third case where the perp was asleep in the living room, but the Court ruled it was OK for the landlady to consent to a search, since he was not "physically present" to deny permission.

[timm22]

She has a right to have her home searched if that's what she wants, and the right to have it searched before scummy-hubby gets rid of the evidence.

This issue is not simple, I'll agree with you there. Both sides have good arguments.

Still, at this point I agree with the majority's decision. I think that whenever you have a tough call to make regarding civil liberties and individual rights, it's usually a good idea to take the side that gives less power to the government. I would hope most conservatives would agree with me, even if they are not comfortable with the consequences of that guideline in this particular case.

[kitkat]

***he has a right to have her home searched if that's what she wants, and the right to have it searched before scummy-hubby gets rid of the evidence.***

Agreed!

[winston2]

I can see a lot of situations where this would infringe on the wife's rights. Say hubby is dealing drugs or child porn out of the house, which they share with their children, and she needs this documented for divorce/custody/child support proceedings. It's her house too, and she's trying to protect her children. She has a right to have her home searched if that's what she wants, and the right to have it searched before scummy-hubby gets rid of the evidence.

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There are marriage counselors, ministers, and legal means plenty for a spouse to remedy martial problems. Chances are - the wife was somewhat complicit to the contraband.

I know of several cases where a pissed off spouse or neighbor chose to use police bust of contraband to avenge for totally unrelated grievances. (So - who is the scum?)

There is no man so good, who, were he to submit all his thoughts and actions to the laws, would not deserve hanging ten times in his life.
Michel Eyquem, seigneur de Montaigne. (1533-1592)

[Brytani]

In that case though, couldn't she produce evidence of drugs or child porn so the police could get a search warrant?