A Couple's Home Is Their Castle

[stoutfellow]

The Supreme Court just handed down an interesting ruling on Fourth Amendment rights. The case involved a police search of a couple's house on the invitation of the wife, although the husband was present and refused permission. The majority - the court liberals and moderates - ruled that the search was illegitimate, that refusal by one of the couple trumped permission from the other. The court conservatives (except Alito, who was not on the court when the case was argued) dissented. Chief Justice Roberts' opinion raised the possibility of problems in cases of domestic abuse.

John Cole and Orin Kerr have more.