Illinois v. Rodriguez
Encyclopedia
Illinois v. Rodriguez, 497 U.S. 177
(1990), is a Supreme Court
case dealing with the issue of whether a warrantless search conducted pursuant to third party consent violates the Fourth Amendment
when the third party does not actually possess common authority over the premises. In a 6-3 decision authored by Justice Antonin Scalia
, the Court held that such searches are valid if, at the time of the search, the authorities "reasonably believe" the third party possesses common authority over the premises.
In reaching its decision, the Court noted that "reasonableness," not consent, is the touchstone of Fourth Amendment jurisprudence; the Constitution only prohibits "unreasonable" searches and seizures. Therefore, the constitutional validity of a police determination of consent to enter is not judged by whether the police were correct in their assessment, but by whether, based on the facts available at the moment, it was reasonable to conclude that the consenting party had authority over the premises.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1990), is a Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case dealing with the issue of whether a warrantless search conducted pursuant to third party consent violates the Fourth Amendment
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...
when the third party does not actually possess common authority over the premises. In a 6-3 decision authored by Justice Antonin Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
, the Court held that such searches are valid if, at the time of the search, the authorities "reasonably believe" the third party possesses common authority over the premises.
In reaching its decision, the Court noted that "reasonableness," not consent, is the touchstone of Fourth Amendment jurisprudence; the Constitution only prohibits "unreasonable" searches and seizures. Therefore, the constitutional validity of a police determination of consent to enter is not judged by whether the police were correct in their assessment, but by whether, based on the facts available at the moment, it was reasonable to conclude that the consenting party had authority over the premises.
See also
- United States v. MatlockUnited States v. MatlockUnited States v. Matlock, 415 U.S. 164 was a Supreme Court of the United States case in which the Court ruled that the Fourth Amendment prohibition on unreasonable searches and seizures was not violated when the police obtained voluntary consent from a third party who possessed common authority...
- Georgia v. RandolphGeorgia v. RandolphGeorgia v. Randolph, 547 U.S. 103 , is a case wherein the U.S. Supreme Court held that without a search warrant, police had no constitutional right to search a house where one resident consents to the search while another resident objects. The Court distinguished this case from the "co-occupant...
- List of United States Supreme Court cases, volume 497
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases by the Rehnquist Court