Court limits search power

The Supreme Court ruled 5-3 this week (3/22/06) that it is unconstitutional for police without a warrant to search a home. So why this new?

Here is the factual specialty: two occupants are present at the time and one consents but the other objects. The search may not go forward in the face of that objection, but the occupant must be present to have the objection count.

This was the decision of the US Supreme Court written by Justice David H. Souter and it was a part of the ruling in Georgia v. Randolph (04-1067). It took all day as this was the only decision of the day in an argued case.

What does it mean for you in business terms? If you are a business person and your office is searched, it is better to object warrantless search even if the receptionist allowed the police to enter.