Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: street_lawyer

"The trial court rejected the claim because, it said, his wife had authority to admit police to their joint residence. But the Supreme Court took a different view: While she could have let them in when her husband was absent, he was present, and therefore had the right to bar their entry."

This is what the court said. Presence is what matters, not if you are standing in the doorway or not.

The requirement of a warrant protects the innocent, and, yes, the guilty. Our society is the better for it.


9 posted on 03/31/2006 12:47:27 PM PST by Altamira (Get the UN out of the US, and the US out of the UN!)
[ Post Reply | Private Reply | To 6 | View Replies ]


To: Altamira

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.


11 posted on 03/31/2006 1:12:49 PM PST by GovernmentShrinker
[ Post Reply | Private Reply | To 9 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson