Opinion

Yuma County Attorney v. McGuire

  • 111 Ariz. 437
  • 532 P.2d 157
  • 1975 Ariz. LEXIS 248
Court
Arizona Supreme Court
Filed
Feb 27, 1975
Status
Published
Author
Lockwood
On the bench
Hays, Struckmeyer, Cameron, Holohan
Cited by
7 cases

The opinion

*440 LOCKWOOD, Justice

(concurring in the dissent) :

I concur in the dissent of Justice Struckmeyer:

I fail to see why “[the] equalization of the rights and obligations of men and women” justifies erosion of this Court’s longstanding policy of supporting and encouraging the institution of marriage. While the rights of both the man and woman are equal, neither one is “more equal” than the other. A warrantless search of areas of the home under joint control should only be permitted where both spouses have given consent. Marriage and the home are thus protected.

The rationale underlying our holding in Pina remains valid today. I would therefore order the case returned to the Superi- or Court to determine whether the Yuma Police had a reasonable opportunity to obtain a search warrant.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.