”In today’s world the only advice that an officer could properly give should make it clear that each of the partners has a constitutional right that he or she may independently assert or waive. Assuming that both spouses are competent, neither one is a master possessing the power to override the other’s constitutional right to deny entry to their castle.” These words come from Justice Stevens’ concurrence in Georgia v. Randolph, in which the Supreme Court ruled that police cannot search a home when one resident invites them in but another asks them to stay out. NYT article on same here. Roberts, Scalia and Thomas didn’t seem too happy about this idea at all, so they dissented.
