''Illinois v. Rodriguez'', 497 U.S. 177 (1990), is a
U.S. Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case dealing with the issue of whether a
warrantless search conducted pursuant to third party consent violates the
Fourth Amendment when the third party does not actually possess common authority over the premises.
Opinion of the Court
In an opinion by
Justice Scalia
Antonin Gregory Scalia (; March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectua ...
and decided 6–3, the Court held that a warrantless search of premises, when a third party consents to the search but does not possess actual common authority over those premises, is valid if the authorities "reasonably believed" at the time of the search that the third party possessed common authority over the premises.
In reaching its decision, the Court noted that "reasonableness," not consent, is the touchstone of Fourth Amendment jurisprudence; the Constitution only prohibits "unreasonable" searches and seizures. Therefore, the constitutional validity of a police determination of consent to enter is not judged by whether the police were correct in their assessment, but by whether, based on the facts available at the moment, it was ''reasonable'' to conclude that the consenting party had authority over the premises.
See also
* ''
United States v. Matlock'' (1974)
* ''
Georgia v. Randolph
''Georgia v. Randolph'', 547 U.S. 103 (2006), is a case in which the Supreme Court of the United States, U.S. Supreme Court held that without a search warrant, police had no constitutional right to search a house where one resident Consent searches ...
'' (2006)
*
List of United States Supreme Court cases, volume 497
This is a list of all the United States Supreme Court cases from volume 497 of the ''United States Reports
The ''United States Reports'' () are the official record ( law reports) of the Supreme Court of the United States. They include rulings, ...
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List of United States Supreme Court cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States.
By Chief Justice
Court historians and other legal scholars consider each Chief J ...
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Lists of United States Supreme Court cases by volume
The following is a complete list of cases decided by the United States Supreme Court organized by volume of the ''United States Reports'' in which they appear. This is a list of volumes of ''U.S. Reports'', and the links point to the contents of e ...
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Further reading
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References
External links
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United States Supreme Court cases
United States Supreme Court cases of the Rehnquist Court
United States Fourth Amendment case law
1990 in United States case law
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