Illinois v. Rodriguez (1989)
- Docket
- 88-2018
- Decided
- 1989-01-01
Summary
Question: (1) Is a police officer's good faith reliance on a third party's apparent authority to consent to a search a valid exception to the warrant requirement of the Fourth Amendment? (2) Did the woman possess actual authority to permit a consensual entry? Conclusion: Yes, No. Justice Antonin Scalia, writing for a 6-3 majority, reversing and remanding. The Supreme Court held that a warrantless search does not violate the Fourth Amendment if the police reasonably believed that the person who consented to the search had the authority to do so. The case was remanded for consideration of whether the police officers reasonably believed that the woman had authority to consent to their search of the residence. Justice Thurgood Marshall dissented, arguing that police cannot ignore the Fourth Amendment when an individual did not voluntarily give others concurrent authority over their property. Justices William J. Brennan, Jr. and John Paul Stevens joined in the dissent.