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
The police take their life in their own hands when they disregard our rights by the constitution. Think for yourself, do not allow the government to do the thinking for you, hell they can not even think for themselves…
FREEDOM MY ASS WELCOME TO DICTATOR SHIP.
This is wrong any way you look at it.
They’ll have to kill me first. I live by the Constutution and They won’t change that.
WHAT THE HELL IS WRONG WITH OUR GOVERNMENT??NOW IT”S HOME POLICING!!UNREAL!!!
This country is finished
NOT if people just don’t lay down and take it!!!!!!!! It’s this sense of “resignation” to what’s happening that’s allowing this administration to get away with it. People need to STOP being so willingly compliant!!! GROW A SPINE, PEOPLE!!!!!!!!
No, it’s to help women who are battered by there spouses.this is primarily for A common problem for police when responding to domestic battery calls. If it was you who were beat up and bleeding would you want your offender to stop the police?
Not ALL of us would just stand by and ALLOW ourselves to be beaten up! Some of us are ARMED and would fight back, and wouldn’t be dependent on the LEOs to protect us! Not ALL of us are Edith Bunker, ya know!
One way to start rounding up dissidents
By reading all the above comments is clear why we are in such trouble our country that is. Lack of education and knowledge is why this country is going down hill. Wake up people and see the whole picture then critique.
nucking futs