Congrats to the Supremes
Thursday, March 23, 2006
I'm always quick to point out the shortcomings of our government, so I thought I had better point out this occasion where the NOI got one right. It wasn't a unanimous decision, but a "win" none the less.
As I understand the case, a dispute between a husband, Scott Randolph, and his wife, Janet Randolph, resulted in the police being summoned to their home. After they arrived, the woman consented to a search of their home. Mr. Randolph, however, said that he objected to the search. Janet Randolph then led officers to her husband's personal cocaine stash.
Justice David H. Souter wrote in the majority opinion that because there was no evidence of wrongdoing, Janet Randolph's invitation to enter did not trump her husband's refusal to let police conduct a search.
In a side opinion Justice John Paul Stevens wrote, "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."
Bravo!
More on this can be read here. The case is Georgia v. Randolph, 04-1067.
posted by Don Bangert | 5:01 AM
3 Comments:
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Note that the new Chief, Roberts, dissented. Anything to enhance police power or, as the government likes to describe it, "cooperation" with the police.
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You know what's funny about your observation? I has the exact same thought.
You have to admit they had probable cause for a search warrant and the drug stash would have likely disappeared even if they had taken him to jail on the domestic charges. This case only make prosecuting druggies more difficult. Of course they could have just added poison powder to the stash and what happens then? ==evil grin==
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