Other Free Encyclopedias » Law Library - American Law and Legal Information » Notable Trials and Court Cases - 1989 to 1994

Illinois v. Rodriguez - Significance, Further Readings

police decision consent person


State of Illinois


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


Washington, D.C.

Date of Decision

21 June 1990


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.


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).
In Re Baby Girl Clausen - Significance, A Change Of Heart, Iowa Is Judged Home, Impact, Parental Kidnapping Prevention Act [next] [back] Illinois v. Perkins - Significance, A Coercive Atmosphere Is Lacking, Deception And Manipulation Practiced, Compulsion Includes Police Deception

User Comments

Your email address will be altered so spam harvesting bots can't read it easily.
Hide my email completely instead?

Cancel or