NCJ Number
129789
Journal
Crime to Court Dated: (November 1990) Pages: 1-3
Date Published
1990
Length
3 pages
Annotation
The 1990 United States Supreme Court decision in Illinois v. Rodriguez set a new rule regarding the validity of a warrantless entry and search by law enforcement officers if the officers have obtained the consent of a third party who possesses common authority over the premises.
Abstract
Edward Rodriguez was arrested in his Chicago apartment by local police officers and was charged with possession of illegal drugs. The police gained entry to the apartment with the consent and assistance of Gail Fischer who had lived there with Rodriguez for several months and went to the apartment with the police after telling them Rodriguez had beaten her. The officers found drug paraphernalia in plain view in the living room and Rodriguez asleep, with white powder in plain view, in the bedroom. Rodriguez moved to suppress the seized evidence, claiming that Fischer had vacated the apartment several weeks earlier and had no authority to consent to the entry. The circuit and State supreme courts upheld Rodriguez, noting several factors, including the absence of Fischer's name from the lease. The courts rejected the prosecution's contention that the police reasonably believed that Fischer possessed the authority to consent to the warrantless entry. The U.S. Supreme Court agreed to hear the case.