Supreme Court ruling expands police authority in home searches

The Supreme Court decision, based on a Los Angeles case, says officers may search a residence without a warrant as long as one occupant consents.


WASHINGTON — Police officers may enter and search a home without a warrant as long as one occupant consents, even if another resident has previously objected, the Supreme Court ruled Tuesday in a Los Angeles case.

The 6-3 ruling, triggered by a Los Angeles Police Department arrest in 2009, gives authorities more leeway to search homes without obtaining a warrant, even when there is no emergency.

The majority, led by Justice Samuel A. Alito Jr., said police need not take the time to get a magistrate's approval before entering a home in such cases. But dissenters, led by Justice Ruth Bader Ginsburg, warned that the decision would erode protections against warrantless home searches. The court had previously held that such protections were at the "very core" of the 4th Amendment and its ban on unreasonable searches and seizures.

The case began when LAPD officers responded to reports of a street robbery near Venice Boulevard and Magnolia Avenue. They pursued a suspect to an apartment building, heard shouting inside a unit and knocked on the door. Roxanne Rojas opened the door, but her boyfriend, Walter Fernandez, told officers they could not enter without a warrant.

"You don't have any right to come in here. I know my rights," Fernandez shouted from inside the apartment, according to court records.


http://www.latimes.com/nation/la-na-scotus-lapd-search-20140226,0,3...

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Insignificant.  In this particular situation exigent circumstances could have been argued 

What is an officer to do if they hear an altercation while responding to a robbery call?  Ignore it and get sued?

Let someone get victimized?

Damned if you do, damned if you dont.  Such is the song of an officer serving in this country.  

I would say the same thing we should do if we see two cops at each others throat or harming their wife and children! Like you said damned if you do and damned by God if you don't. It is the responsibility for all of us to help the victim as good Samaritans. Right? The problem I find with cops is that they have a superior attitude of themselves and are much to belligerent to even be in the force.

Alito needs to find the same tree as Obama.

Always remember, when dealing with the police, NEVER permit them into your home or automobile.

Need to hear it again? NEVER-NEVER-NEVER.  No matter how nice they seem, no matter how polite they may be, no matter how threatening they can be; the answer remains the same: "No officer, I do not consent to you entering my home or car without a warrant".  

Your Constitution is only as good as the goverment that supports it.

Changing the law based on one instance of anything happening is nothing but a knee-jerk reaction, something the left seems to embrace totally. Not logic, not law. And definitely not the Constitutional limitations that it places on government.

YOUR LOCAL MARXIST MUSLIM "COMMUNIST" GOVERNMENT IN ACTION!    AND THE COMMUNIST BEAT GOES ON!     WELCOME TO AMERIKA!

Maybe wee need an amendment to the constitution allowing for supreme court justices to be elected for a

period not to exceed six years.    Elected by the people

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Political Cartoons by AF Branco

Political Cartoons by AF Branco

ALERT ALERT

Joe Biden Vows: Give Taxpayer-Funded Obamacare To All Illegal Aliens In U.S.

Former Vice President and 2020 Democrat presidential primary candidate Joe Biden is vowing to give Obamacare, funded by American taxpayers, to all 11 to 22 million illegal aliens living in the United States.

During an interview with Telemundo’s Jose Diaz-Balart, Biden forgot that Obamacare technically bans illegal aliens from enrolling in healthcare plans — although illegal aliens are still able to obtain subsidized and free healthcare at Americans’ expense — and promised that under his plan, all 11 to 22 million illegal aliens would be able to get Obamacare.

The exchange went as follows:

DIAZ-BALART: When I … NBC moderated that first debate with you, I didn’t … I don’t recall a clear answer, under your plan should … would the 11, 12 million undocumented immigrants that live in the United States, that have been here many for generations, would they have access …

BIDEN: Yes.

DIAZ-BALART: — to health insurance.

BIDEN: Yes, they … if they can buy into the system like everybody else.

DIAZ-BALART: Because you know, in [Obamacare] they can’t.

BIDEN: Yeah. Yeah, I know. Well they can, that’s my point. They continue to be able to do that.

DIAN-BALART: They cannot under the ObamaCare.

BIDEN: Well and that’s my point, they will though. They will be able to buy into … [illegal aliens] would be able to buy in, just like anyone else could.

Biden joins Sen. Bernie Sanders (I-VT), Sen. Elizabeth Warren (D-MA), and South Bend, Indiana, Mayor Pete Buttigieg — among other 2020 Democrats — in committing to forcing American taxpayers to pay for healthcare for illegal aliens who arrive in the U.S.

Already, due to loopholes, American taxpayers are spending nearly $20 billion every year to provide illegal aliens with subsidized healthcare, emergency room visits, and other health services.

Under the 2020 Democrats’ plan to provide taxpayer-funded healthcare to all illegal aliens living in the U.S., Americans would be billed potentially $660 billion every decade just to cover the costs. Other research has found that the plan would cost Americans at least $23 billion every year.

As Breitbart News has reported, experts have said that giving taxpayer-funded healthcare to effectively all foreign nationals who can make it to America’s borders would drive “strong incentives for people with serious health problems to enter the country or remain longer than their visas allow in order to get government-funded care.”

Despite 2020 Democrats’ continued push for taxpayer-funded healthcare for illegal aliens, American voters are overwhelmingly opposed to the plan. The latest Wall Street Journal/NBC News survey revealed that the healthcare-for-illegal-aliens plan is the least popular policy position, with opposition from 62 percent of U.S. voters.

Similarly, a CNN poll from July discovered that 63 percent of likely swing voters oppose providing healthcare to illegal aliens, along with nearly 6-in-10 of all likely U.S. voters and 61 percent of moderates. A Rasmussen Reports survey also found that likely voters, by a majority of 55 percent, oppose giving healthcare to even the most low-income illegal aliens.

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