The Supreme Court has ruled that police may search a home without a warrant if they arrest the resident who refuses them access. In a 2006 ruling, the court determined that when police request permission to enter and residents disagree the objecting occupant’s wishes prevail. This raises the possibility that law enforcement may now have an incentive to arrest and remove residents who object to the police entering a home.
Justice Samuel Alito wrote the court’s 6-3 decision holding that an occupant may not object to a search when he is not at home.“We therefore hold that an occupant who is absent due to a lawful detention or arrest stands in the same shoes as an occupant who is absent for any other reason,” Alito said.
Police found a shotgun, ammunition and a knife when they searched the Los Angeles apartment that Walter Fernandez shared with his girlfriend, Roxanne Rojas.
Fernandez told police they could not enter. But shortly after his arrest, officers returned to the apartment and persuaded Rojas to let them in.
Fernandez is serving a 14-year prison term on robbery and guns charges.
Justice Ruth Bader Ginsburg wrote in dissent that “Fernandez’s objection to the search did not become null upon his arrest and removal from the scene.”
Source: Associated Press
Photo: Wonderlane on Flickr
Nice , I always loved saloon doors !
If this is real we are in the makings for Schindlers list 2
when cope start to act like natzies, then I’ll act like the USA armed forces, and RULL the day !
uh oh — my comments are SUDDENLY “awaiting moderation”. I used NO profanity, made no threats, didn’t promote insurgency.
Guess I said something that is raising flags with TPTB. BIG BROTHER is watching each and every one of us.
If you count the number of licensed big game hunters in this country alone, it is larger than any LEO force. If you then add in all other LEGAL gun owners, the numbers are even bigger. Then, if you add in all the ILLEGAL gun owners in this country, well………. the numbers speak for themselves. Any wonder WHY the gov’t wants to disarm ALL civilians AND reduce/eliminate our military? Hint: it’s because they’re all ARMED, and NOT afraid to fight.
No, Steve, we HAVE education and knowledge, and we DO see the whole picture. Drones, NSA spying on bank records, texts, phone calls, snail mail, GPS, IRS targeting political opponents of the POTUS, Holder telling state Atty Gens they don’t have to follow laws if they don’t agree with them — do I have to list more? People do NOT trust what’s happening now. I will respectfully say, it seems like YOU are the one who needs some knowledge, and needs to wake up and see the WHOLE PICTURE. This is just the tip of the iceberg.
This is Bull$#%&!@*…..we need some new judges!
This kind of disregard for illegal search and siezure is reminiscent of the treatment of colonists by the redcoats immedietly prior to the revolutionary war.
this is wrong
Dam Democrats .