suggested that Scott’s drug use had put a strain on the family and had created an unwanted hardship on their relationship. When Scott returned, she once again told the police about his drug use and said that there were drug paraphernalia in the house, which lead one Officer asking for permission to search the house (Wood 2007 para 2). Scott said no and the Officer in turn asked Janet and she said yes! Janet led the Officer to a room where they found a white powdery substance and a straw (Wood 2007, para 3). The Officer returned to his car and called the district attorney’s office and was told that he needed to apply for a search warrant. Upon returning with the search warrant Janet withdrew the right to search the property; never the less, the police officers took the evidence from the house and arrested both her and Scott. (Wood 2007) Scott was later charged with possession of cocaine. In court, he expressed that the officers performed a warrantless search of his property and that the evidence be removed against him. The Supreme Court ruled that police cannot conduct a warrantless search of a resident where one occupant consents and the other objects while both are present. Police today must get permission from all parties when wanting to conduct a warrantless search; although there are many situations that could alter their decision to enter the resident. Now to avoid warrantless searches it is better for police to get the warrant prior to entering a resident that way making all evidence able to stand up in court.
suggested that Scott’s drug use had put a strain on the family and had created an unwanted hardship on their relationship. When Scott returned, she once again told the police about his drug use and said that there were drug paraphernalia in the house, which lead one Officer asking for permission to search the house (Wood 2007 para 2). Scott said no and the Officer in turn asked Janet and she said yes! Janet led the Officer to a room where they found a white powdery substance and a straw (Wood 2007, para 3). The Officer returned to his car and called the district attorney’s office and was told that he needed to apply for a search warrant. Upon returning with the search warrant Janet withdrew the right to search the property; never the less, the police officers took the evidence from the house and arrested both her and Scott. (Wood 2007) Scott was later charged with possession of cocaine. In court, he expressed that the officers performed a warrantless search of his property and that the evidence be removed against him. The Supreme Court ruled that police cannot conduct a warrantless search of a resident where one occupant consents and the other objects while both are present. Police today must get permission from all parties when wanting to conduct a warrantless search; although there are many situations that could alter their decision to enter the resident. Now to avoid warrantless searches it is better for police to get the warrant prior to entering a resident that way making all evidence able to stand up in court.