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Law
Supreme Court restricts police search powers


In a 5-3 decision on Wednesday, the U.S. Supreme Court limited the power of police to search the home of a couple without the agreement of both partners.

Justice David H. Souter's majority opinion said a search of a couple's home without the consent of both partners violated the Fourth Amendment of the U.S. Constitution. Police will now have to obtain a warrant if they want to look for evidence in a home.

Chief Justice John G. Roberts Jr. filed a dissent, his first in an opinion. He said a person who agrees to live with another person has already surrendered part of his or her Fourth Amendment rights.

Justices Antonin Scalia and Clarence Thomas, the most conservative members of the court, also filed dissents.

Get the Story:
High Court Trims Police Power to Search Homes (The Washington Post 3/23)
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Roberts Dissent Reveals Strain Beneath Court's Placid Surface (The New York Times 3/23)
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Supreme Court Fourth Amendment Decision:
Syllabus | Opinion [Souter] | Concurrence [Stevens] | Concurrence [Breyer] | Dissent [Roberts] | Dissent [Scalia] | Dissent [Thomas]