Your Home is Your Castle

Discussion in 'Off-topic' started by Malum Prohibitum, Mar 23, 2006.

  1. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    Synopsis -

    Disbarred lawyer in Americus, angry wife, police called to home. Both accuse the other of doing drugs. Police ask to come in and look for drugs. Wife says sure, lawyer says, "No way!"

    Georgia Supreme Court rules that co-tenant can object in doorway and police are barred from searching.

    U.S. Supreme Court affirms.

    All the conservative Justices dissented (essentially arguing that police have the right to enter if invited even over the objection of a cotenant).

    I suppose this is where the conservatives and libertarians part ways.


  2. Gunstar1

    Gunstar1 Administrator

    Wow, with the war on drugs I am surprised they did not go the other way for officer or public safety.

    Not that I would want it to go that way, just surprised that it didn't.
  3. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    Clarence Thomas dissents because the wife could have just as easily delivered the evidence to the police or given enough evidence to the magistrate for the police to obtain a warrant.

    NOWHERE does he point out, however, that there is a huge difference in entering the house after obtaining a warrant and entering the house over the objection of the owner of the house without a warrant. Big difference.

    Facts - it appears this lady was estranged and had just returned from Canada. It is not at all clear that she was even living there, not that I would change my mind if she was.
  4. jrm

    jrm Sledgehammer

    It sure is. There are a few other areas where this also is the case, but I will not bring them up, for fear of sparking a needless debate on subjects that are off-off-topic.

    Thomas' normally clear logic falls apart here. What if the wife were a neighbor or friend, who was visiting the house. That neighbor or friend could (presumably) collect the evidence and deliver it to the police. Does that mean the neighbor or friend also has the power to consent to a search over the homeowner's objection? I sure hope not.
  5. geaux_tigers

    geaux_tigers Member

    jrm, my thoughts exactly on both points. :righton:

    Obtaining a warrant ... yes yes ... I'm quite certain I read something about that once ... I think it was scribbled on a old piece of paper that was sealed inside of a big case in Wasthington DC ... now what was that thing called.... :wink: