Illinois v. Rodriguez
Significance, Further Readings
Petitioner
State of Illinois
Respondent
Edward Rodriguez
Petitioner's Claim
It was a violation of the Fourth Amendment when police officers used the consent of a third party to enter his apartment and arrest him without a search warrant or arrest warrant.
Chief Lawyer for Petitioner
Joseph Claps
Chief Lawyer for Respondent
James W. Reilley
Justices for the Court
Harry A. Blackmun, Anthony M. Kennedy, Sandra Day O'Connor, William H. Rehnquist, Antonin Scalia (writing for the Court), Byron R. White
Justices Dissenting
William J. Brennan, Jr., Thurgood Marshall, John Paul Stevens
Place
Washington, D.C.
Date of Decision
21 June 1990
Decision
A warrantless entry by police officers into a person's home is not invalid under the Fourth Amendment if the police officers reasonably--but mistakenly--believe that a third party has the authority to give consent for the entry.
Impact
The Rodriguez decision made it possible for police to enter a person's home without a warrant, even if they are relying on the consent of a person who does not have authority to give consent for the entry. The decision has been criticized by many legal analysts for diluting Fourth Amendment protections against invasion by police
Related Cases
- Stoner v. California, 376 U.S. 483 (1964).
- Terry v. Ohio, 392 U.S. 1 (1968).
- Schneckloth v. Bustamonte, 412 U.S. 218 (1973).
Additional topics
- In Re Baby Girl Clausen - Significance, A Change Of Heart, Iowa Is Judged Home, Impact, Parental Kidnapping Prevention Act
- Illinois v. Perkins - Significance, A Coercive Atmosphere Is Lacking, Deception And Manipulation Practiced, Compulsion Includes Police Deception
- Illinois v. Rodriguez - Further Readings
- Illinois v. Rodriguez - Significance
- Other Free Encyclopedias
Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1989 to 1994