Case law · Highest court · Federal

Illinois v. Rodriguez

Decided
June 21, 1990
Docket
88-2018
Status
Published
Jurisdiction
Federal

Cited 2,581 timesNo negative treatment found in this library

What later courts said

  • holding that the fourth amendment is not violated if police officers reasonably believe that they have consent to enter the premises — United States v. Mario De Leon-Reyna (1991)
  • holding that the consent to search given by a third party was valid where the defendant owner had abandoned his ownership interest — State v. Caniglia (1993)
  • holding that the police may rely on consent given by someone who is reasonably believed to have authority over the premises — United States v. Floyd Bruce (2005)

Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.

How the opinion begins

[*179] Justice Scalia delivered the opinion of the Court.

In United States v. Matlock, 415 U. S. 164 (1974), this Court reaffirmed that a warrantless entry and search by law enforcement officers does not violate the Fourth Amendment’s proscription of “unreasonable searches and seizures” if the officers have obtained the consent of a third party who possesses common authority over the premises. The present case presents an issue we expressly reserved in Matlock, see id., at 177, n. 14: Whether 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 do so.

I

Cite this

Illinois v. Rodriguez, 497 U.S. 177 (1990)

Read the full opinion

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