[Malum Prohibitum]

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.

:shakehead:

 

[Malum Prohibitum]

Discussion and excerpts at packing.org: http://www.packing.org/community/general/listview/11645

 

[Malum Prohibitum]

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.