U.S. Supreme Court Justice Anthony Kennedy once again voted with the Souter-Stevens-Ginsberg-Breyer liberal block, this time in Georgia v. Randolph, a decision involving search of a premises.
The Court's 5-3 decision (Alito did not take part) by Justice Souter:
"The Fourth Amendment recognizes a valid warrantless entry and search of premises when police obtain the voluntary consent of an occupant who shares, or is reasonably believed to share, authority over the area in common with a co-occupant who later objects to the use of evidence so obtained. ...
"The question here is whether such an evidentiary seizure is likewise lawful with the permission of one occupant when the other, who later seeks to suppress the evidence, is present at the scene and expressly refuses to consent. We hold that, in the circumstances here at issue, a physically present co-occupant’s stated refusal to permit entry prevails, rendering the warrantless search unreasonable and invalid as to him."