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Supreme Court ruling on consent--limited impact on children.(Child Protection Law Abstracts)(Georgia v. Randolph )(domestic violence and child abuse case)
- Article from:
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Child Protection Law Report
- Article date:
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April 1, 2006
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Georgia v. Randolph U.S. Supreme Court No. 04-1067 March 22, 2006
The Supreme Court split 5-3 in restricting entry into homes without a warrant and upon the consent of an adult. Justice Samuel Alito did not participate. Despite some heated exchanges between the majority and dissent about domestic violence cases, the opinion states directly that police authority to act without a warrant in domestic violence situations and emergencies will not change.
The Court held that the refusal of an adult occupant to consent to a search of the home trumps the consent of another occupant. An important limitation of the decision is that police have no obligation to find particular ...