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  Supreme Court Limits Police Searches of Homes
Posted by CN Staff on March 22, 2006 at 10:53:52 PT
By The Associated Press 
Source: Associated Press 

justice Washington, DC -- The Supreme Court ruled Wednesday that police without a warrant cannot search a home when one resident says to come in but another tells them to go away, and the court's new leader complained that the ruling could hamper investigations of domestic abuse.

Justices, in a 5-3 decision, said that police did not have the authority to enter and search the home of a small town Georgia lawyer even though the man's wife invited them in.

The officers, who did not have a search warrant, found evidence of illegal drugs.

The Supreme Court has never ruled on whether the Constitution's ban on unreasonable searches covers a scenario when one home occupant wants to allow a search and another occupant does not.

The ruling by Justice David H. Souter stopped short of fully answering that question -- saying only that in the Georgia case it was clear that Scott Fitz Randolph was at the door and objected to the officers entry.

In his first written dissent, Chief Justice John Roberts said that ''the end result is a complete lack of practical guidance for the police in the field, let alone for the lower courts.''

The case fractured a court that has shown surprising unanimity in the five months since Roberts became chief justice. Justices swapped barbs in their writings, with Souter calling Roberts' view a ''red herring.''

Justices Antonin Scalia and Clarence Thomas filed separate dissents, and Justice John Paul Stevens and Stephen Breyer wrote their own opinions to explain their votes in favor of the man whose home was searched.

Stevens said that ''assuming that both spouses are competent, neither one is a master possessing the power to override the other's constitutional right to deny entry to their castle.''

Georgia had asked the court to allow it to use evidence obtained in the 2001 search in Americus, Ga., that followed a police domestic dispute call.

Randolph and his wife, Janet, were having marital troubles. She led officers to evidence later used to charge her husband with cocaine possession. That charge was on hold while the courts considered whether the search was constitutional.

Georgia's Supreme Court ruled for Scott Randolph, and the high court agreed.

''This case has no bearing on the capacity of the police to protect domestic victims,'' Souter wrote. ''No question has been raised, or reasonably could be, about the authority of the police to enter a dwelling to protect a resident from domestic violence; so long as they have good reason to believe such a threat exists.''

Justice Samuel Alito did not participate in the case, because he was not on the court when it was argued.

The case is Georgia v. Randolph, 04-1067.

On the Net:

Supreme Court: http://www.supremecourtus.gov/

Text: Opinion (Georgia v. Randolph): http://laws.findlaw.com/us/000/04-1067.html

Source: Associated Press (Wire)
Published: March 22, 2006
Copyright: 2006 Associated Press

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Comment #9 posted by FoM on March 22, 2006 at 11:55:25 PT
Hope
I noticed that Marc seems to be maturing. Is that the right way to say it?

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Comment #8 posted by Hope on March 22, 2006 at 11:53:13 PT
"meekness, temperance"
Like "pills" that Marc of the Seed took.

[ Post Comment ]
 
Comment #7 posted by Hope on March 22, 2006 at 11:51:54 PT
"gentleness"
Our "goads" are gentle.

[ Post Comment ]
 
Comment #6 posted by Hope on March 22, 2006 at 11:50:26 PT
"longsuffering"
We've got that one down pretty good.

[ Post Comment ]
 
Comment #5 posted by FoM on March 22, 2006 at 11:48:49 PT
Lombar
Fruits of the Spirit

Galations 5:22-23 But the fruit of the Spirit is love, joy, peace, longsuffering, gentleness, goodness, faith, meekness, temperance: against such there is no law.

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Comment #4 posted by Hope on March 22, 2006 at 11:43:03 PT
Take DankHank for instance....
That man has collected a stunning array of powerful goading devices.

They aren't all pain free, either. It's emotionally painful for some people to finally understand a truth they've been avoiding for years.

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Comment #3 posted by Hope on March 22, 2006 at 11:41:13 PT
Lombar
"I bet folk around here say 'the government is lying' YAWN... but the US citizenry really have to do something..."

I bet folks around here have been honing and testing their goading devices for years.

[ Post Comment ]

 
Comment #2 posted by lombar on March 22, 2006 at 11:29:21 PT
This will wake you up in the morning!!!
Kinda off topic ;)

Perhaps this has floated by here but I just watched a video entitled 'Loose Change' and it is quite compelling. It's about the cadre of unanswered questions surrounding the events of 911. They draw no conclusions but make a great case that the official story is a pack of lies.

I bet folk around here say 'the government is lying' YAWN... but the US citizenry really have to do something...

I have found a lot of metaphorical truth in the Bible, but I really discard most but the red letters. Were I to apply the notion that the the whole 'Revelation' were metaphorical, I would then have to try and find the modern day equivelant of the 'Beast' of revelation.

Since all the 'books' seem to promote love, compassion, over hatred and greed, fellowship and virtue over rancor and discord, I have to conclude that goodness is an absence of greed, hate and the presence of love and compassion. Christian teachings include generosity, charity, honesty, faithfulness...

The beast then is the greed in mens hearts, the hate that kills, and the delusions that drive the former. To overcome greed, a buddhist is encouraged to be generous. Christ said "give to them that ask, to them that would borrow, turn thou not away."

To overcome hate, a buddhist is encouraged to generate feelings of loving-kindess(metta) and compassion (karuna?). "love thine enemies, should they smite you on one cheek turn the other to them."

Ultimately the goal is to overcome craving and have peace. (psalm 23) "I shall not want" ... thou shalt not covet... the themes are the same. The goal is the same. If we take anything from this world into the next it is not material... if we carry the karma of a million million lifetimes, this to is immaterial.

Each individual must overcome their own 'delusions' or wrong-views of the nature of reality to achieve 'nirvanna', 'kingdom of heaven' and peace. They call this the 'deathless' state or somesuch but being a christian I think " To him who overcometh I give drink of the water of eternal life"...

To chain the beast we must chain the greed, the hate, and most especially the delusions that permit the ongoing disaster we call the 'world'.

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Comment #1 posted by FoM on March 22, 2006 at 11:20:00 PT
Related Article: New York Times
Supreme Court Limits Police Searches of Homes

***

By David Stout

WASHINGTON -- March 22 — A bitterly split Supreme Court, ruling in a case that arose from a marriage gone bad, today narrowed the circumstances under which the police can enter and search a home without a warrant.

In a 5-to-3 decision, the justices sided with Scott F. Randolph of Americus, Ga., who was charged with cocaine possession in 2001 after his wife, Janet, called the police during a domestic dispute, complained that her husband was using cocaine and then led the officers to a bedroom, where there was evidence of cocaine abuse.

The issue before the justices was whether the police can search a home without a warrant if one occupant gives consent but another occupant, who is physically present, says "no." The majority held today that at least under some circumstances, such a search is invalid.

"Scott Randolph's refusal is clear, and nothing in the record justifies the search on grounds independent of Janet Randolph's consent," Justice David H. Souter wrote for the majority. He was joined by Justices John Paul Stevens, Anthony M. Kennedy, Ruth Bader Ginsburg and Stephen G. Breyer.

The result for Mr. Randolph, a lawyer, is that the cocaine-related evidence seized by the police and used to prosecute him must be thrown out, a conclusion that the Georgia Supreme Court reached earlier when it declared that since both marriage partners "had common control and authority" over the premises, the consent of both was needed to conduct a search without a warrant.

Justice Souter said a finding for Mr. Randolph — in the specific circumstances that marked this case — was compelled by Fourth Amendment principles against unreasonable searches and seizures. But Chief Justice John G. Roberts Jr., the main dissenter, bitterly disagreed, as he and Justice Souter exchanged darts in writing.

Chief Justice Roberts said the result of the majority's conclusion "is a complete lack of practical guidance for the police in the field, let alone for the lower courts." Justice Antonin Scalia joined the chief justice's dissent and wrote one of his own, as did Justice Clarence Thomas.

Justice Samuel A. Alito Jr. took no part in the case, since he joined the court after it was argued.

On July 6, 2001, Mrs. Randolph complained to the police that after a fight, her husband had taken their son away. When the officers reached the house, she told them her husband was a cocaine user whose habit had caused financial difficulties, Justice Souter recounted. (Mr. Randolph denied cocaine use, countering that it was his wife who abused drugs and alcohol.)

As it turned out, Mr. Randolph returned to the house just after the police arrived, explained that he had taken the child to a neighbor's place and — most importantly — "unequivocally refused" permission for the police to search the house.

But having already been given permission by Mrs. Randolph, the officers searched anyway and found traces of what appeared to be cocaine. An officer bagged that evidence and, at the direction of the district attorney's office, stopped searching until a warrant could be obtained.

With the search warrant, the police re-entered the house and found still more evidence of drug use, on the basis of which Mr. Randolph was indicted.

Justice Souter said nothing in today's ruling would bar the police from entering a house, with or without warrant, under different situations — to protect a person from harm or to catch a fleeing suspect, for example. Justice Souter noted that prosecutors did not maintain that Mrs. Randolph told the police that she needed protection.

But Chief Justice Roberts was not persuaded. "The possible scenarios are limitless, and slight variations in the fact pattern yield vastly different expectations about whether the invitee might be expected to enter or go away," he said.

"Such shifting expectations," he wrote, "are not a promising foundation on which to ground a constitutional rule."

Justice Souter countered by labeling some of Chief Justice Roberts's concern a "red herring."

And alluding to the chief justice's complaint that the majority did not address what would happen if there were a third household occupant involved, Justice Souter said, "We decide the case before us, not a different one."

Copyright: 2006 The New York Times Company

URL: http://www.nytimes.com/2006/03/22/politics/22cnd-scotus.html

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