United States v. Matlock
Supreme Court of the United States
Argued December 10, 1973
Decided February 20, 1974
Full case nameUnited States v. William Earl Matlock
Citations415 U.S. 164 (more)
94 S. Ct. 988; 39 L. Ed. 2d 242; 1974 U.S. LEXIS 8
Case history
PriorMotion to suppress evidence granted, W.D. Wis.; affirmed, 476 F.2d 1083 (7th Cir. 1973); cert. granted, 412 U.S. 917 (1973).
Holding
When the prosecution seeks to justify a warrantless search by proof of voluntary consent it is not limited to proof that consent was given by the defendant, but may show that permission to search was obtained from a third party who possessed common authority over or other sufficient relationship to the premises or effects sought to be inspected. Seventh Circuit Court of Appeals reversed and remanded.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William O. Douglas · William J. Brennan Jr.
Potter Stewart · Byron White
Thurgood Marshall · Harry Blackmun
Lewis F. Powell Jr. · William Rehnquist
Case opinions
MajorityWhite, joined by Burger, Stewart, Blackmun, Powell, Rehnquist
DissentDouglas
DissentBrennan, joined by Marshall
Laws applied
U.S. Const. amend. IV

United States v. Matlock, 415 U.S. 164 (1974), was a Supreme Court of the United States case in which the Court ruled that the Fourth Amendment prohibition on unreasonable searches and seizures was not violated when the police obtained voluntary consent from a third party who possessed common authority over the premises sought to be searched.[1] The ruling of the court established the "co-occupant consent rule," which was later explained by Illinois v. Rodriguez, 497 U.S. 177 (1990) and distinguished later by Georgia v. Randolph (2006), in which the court held that a third party could not consent over the objections of a present co-occupant, and Fernandez v. California (2014), where the court held when the objecting co-resident is removed for objectively reasonable purposes (such as lawful arrest), the remaining resident may validly consent to search.

See also

References

  1. ↑ Kerr, Orin (November 6, 2013). "Fernandez v. California and the problem of third-party consent". SCOTUSblog. Retrieved June 23, 2014.


This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.