Illinois v. Rodriguez
Significance, Further Readings
State of Illinois
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
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
William J. Brennan, Jr., Thurgood Marshall, John Paul Stevens
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
- Stoner v. California, 376 U.S. 483 (1964).
- Terry v. Ohio, 392 U.S. 1 (1968).
- Schneckloth v. Bustamonte, 412 U.S. 218 (1973).
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- Illinois v. Rodriguez - Further Readings
- Illinois v. Rodriguez - Significance
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