Illinois v. Rodriguez

SCOTUSCase
Litigants = Illinois v. Rodriguez
ArgueDate = March 20
ArgueYear = 1990
DecideDate = June 21
DecideYear = 1990
FullName = Illinois v. Rodriguez
USVol= 497
USPage= 177
Citation= 110 S. Ct. 2793; 111 L. Ed. 2d 148; 1990 U.S. LEXIS 3295; 58 U.S.L.W. 4892
Prior= Cert. to Appellate Court of Illinois, 1st Dist. reversed and remanded
Subsequent=
Holding = Under the 4th Amendment, warrantless entry onto accused's premises held unreasonable.
SCOTUS=1988-1990
Majority=Scalia
JoinMajority=Rehnquist, White, Blackmun, O'Connor, Kennedy
Dissent=Marshall
JoinDissent=Brennan, Stevens
LawsApplied=U.S. Const. amend. IV.

"Illinois v. Rodriguez", 497 U.S. 177 (1990), is a United States Supreme Court case in which the Court ruled that the Fourth Amendment prohibition on unreasonable searches and seizures was violated when the police obtained voluntary consent from a third party who the police reasonably believed possessed common authority over the premises sought to be searched. The court ruled that the State did not satisfy its burden of proving that the third party had "joint access or control for most purposes" over defendant's apartment, as required under "United States v. Matlock", ussc|415|164|1974.

But, the Court ultimately upheld the intrusion on objective/reasonableness grounds:

A warrantless entry is valid when based upon the consent of a third party whom the police, at the time of the entry, reasonably believe to possess common authority over the premises, but who in fact does not. Pp. 4-11.

ee also

* List of United States Supreme Court cases, volume 497

Further reading

* cite journal | last = Campbell | first = Tammy | authorlink = | coauthors = | year = 1992 | month = | title = "Illinois v. Rodriguez": Should Apparent Authority Validate Third-Party Consent Searches | journal = University of Colorado Law Review | volume = 63 | issue = | pages = 481 | issn = 0041-9516 | url = | accessdate = | quote =
* cite journal | last = Capozza | first = Frank C. | authorlink = | coauthors = | year = 1991 | month = | title = Whither the Fourth Amendment: An Analysis of "Illinois v. Rodriguez" | journal = Indiana Law Review | volume = 25 | issue = | pages = 515 | issn = 0090-4198 | url = | accessdate = | quote =
* cite journal | last = Kagehiro | first = Dorothy K. | authorlink = | coauthors = Laufer, William S. | year = 1991 | month = | title = "Illinois v. Rodriguez" and the Social Psychology of Third-Party Consent | journal = Criminal Law Bulletin | volume = 27 | issue = 1 | pages = 42–50 | issn = 0011-1317 | url = | accessdate = | quote =
* cite journal | last = Kagehiro | first = Dorothy K. | authorlink = | coauthors = Laufer, William S.; Taylor, Ralph B. | year = 1992 | month = | title = Social Perceptions of Third-Party Consent and the Reasonableness Test of "Illinois v. Rodriguez" | journal = Journal of Research in Crime and Delinquency | volume = 29 | issue = 2 | pages = 217–228 | doi = 10.1177/0022427892029002007 | url = | accessdate = | quote =
* cite journal | last = Wieber | first = M. C. | authorlink = | coauthors = | year = 1993 | month = | title = Theory and Practice of Illinois v. Rodriguez: Why an Officer's Reasonable Belief about a Third Party's Authority to Consent does not protect a Criminal Suspect's Rights | journal = Journal of Criminal Law & Criminology | volume = 84 | issue = 3 | pages = 604 | issn = 0091-4169 | url = | accessdate = | quote =

External links

* [http://laws.findlaw.com/us/497/177.html Opinion of the Supreme Court of the United States]