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
If I remember my History class long ago, the Magna Carta was signed in England and Nations have went by it especially USA but it said no one may enter our homes, not even the King of England without our permission, even if there is someone else in the home. This is unlawful entry!!! Need some new Judges!!!
Kick the $#%&!@* out of the one who lets them in.
HOW IS THIS FAIR FOR THE ELDERLY THAT LIVE ALONE. MY DAD WAS A WONDERFUL MAN IF THIS HAPPEN TO HIM I WOULD BE CONCERED. HE WOULD NOT OPEN HIS DOOR AT NIGHT FOR ANYONE. U SHOULD CALL THEM FIRST!!!!
Let the bodies of the LEO’s pile up!!!
Wrong….another move towards communism
Are there any Americans left in our government ???????
looks like you will have alot of dead cops on your hands,,
What kind of BS is this. This has Obama and Holder written all over it.
of course they are where all part of his list to get rid of us so usa be nothing but land and nobody around
Evil Red Dems -KGB all over this bull