06 July 2007

Keep Out = Consent Search

A 2006 ruling of the U.S. Supreme Court says that if you are present at your home and object to a search, that your fellow resident can't overide your lack of consent. The 10th Circuit yesterday, held that if you are barricading yourself in your home to avoid arrest, that this doesn't count as an objection to a search. So, your fellow resident can consent to a search after you are gone.

So, note to all you idiots out there who are barricading yourself in your homes to avoid arrest: You also need to put a sign out saying, please don't search my home, if you don't want to police to search your home when the barge in and arrest you.

I'm not sure that the U.S. Supreme Court's initial ruling is either sensible or obvious. But, given that rule, it is hard to make since of the 10th Circuit's unanimous ruling on that point yesterday.

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