Supreme Court Takes Another Hit at Fourth Amendment
In a 6-3 opinion written by Justice Alito (Justices Ginsburg, Kagan and Sotomayor dissented), the Supreme Court made another dent in the Fourth Amendment today. The case is Fernandez v. California and the opinion is here.
The Court upheld the search of a jointly shared residence even though one of the parties objected. The Court said he wasn't physically present when the search occurred, and it didn't matter that he wasn't there because the police had removed him from the residence -- after he objected to the search.
Previously, in Randolph v. Georgia, the Court held "a physically present inhabitant’s express refusal of consent to a police search[of his home] is dispositive as to him, regardless of the consent of a fellow occupant.”
In this case, police came to suspect Fernandez' home and asked permission to search. Fernandez objected. They hauled him off to jail, came back later when his girlfriend (who was also an alleged victim) was there, and got consent from her. Fernandez' argument:[More...]
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