Illinois v. Rodriguez

Illinois v. Rodriguez
Argued March 20, 1990
Decided June 21, 1990
Full case nameIllinois v. Edward Rodriguez
Citations497 U.S. 177 (more)
110 S. Ct. 2793; 111 L. Ed. 2d 148; 1990 U.S. LEXIS 3295; 58 U.S.L.W. 4892
Case history
PriorCert. to Appellate Court of Illinois, 1st Dist. reversed and remanded
Holding
Under the Fourth Amendment, a warrantless entry is valid when based upon the consent of a third party whom the police, at the time of the entry, reasonably believe to possess common authority over the premises, but who in fact does not.
Court membership
Chief Justice
William Rehnquist
Associate Justices
William J. Brennan Jr. · Byron White
Thurgood Marshall · Harry Blackmun
John P. Stevens · Sandra Day O'Connor
Antonin Scalia · Anthony Kennedy
Case opinions
MajorityScalia, joined by Rehnquist, White, Blackmun, O'Connor, Kennedy
DissentMarshall, joined by Brennan, Stevens
Laws applied
U.S. Const. amend. IV.

Illinois v. Rodriguez, 497 U.S. 177 (1990), is a U.S. Supreme Court case dealing with the issue of whether a warrantless search conducted pursuant to third party consent violates the Fourth Amendment when the third party does not actually possess common authority over the premises.