Supreme Court imposes new limits on police searches

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Supreme Court imposes new limits on police searches
Rules residents have equal right to deny entry
By Charles Lane, Washington Post | March 23, 2006

WASHINGTON -- The Supreme Court narrowed police search powers yesterday, ruling that officers must have a warrant to look for evidence in a couple's home unless both of the partners present agree to let them in.

The 5-to-3 decision sparked a sharp exchange among the justices. The majority portrayed the decision as striking a blow for privacy rights and gender equality; dissenters said it could undermine police efforts against domestic violence, the victims of which are often women.

The ruling upholds a 2004 decision of the Georgia Supreme Court, but still makes a significant change in the law nationwide, because most other lower federal and state courts had said police could search with the consent of one of two adults living together.

Now, officers must first ask a judicial officer for a warrant in such cases. Quarrels between husbands and wives or boyfriends and girlfriends keep police nationwide busy; in Washington, for example, almost half of the 39,000 violent crime calls officers answered in 2000 involved allegations of domestic violence.

http://www.boston.com/news/nation/washington/articles/2006/03/23/supreme_court_imposes_new_limits_on_police_searches/