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
Germany before ww2 is alive is and I don’t like it
this is wrong
I thought the ruling said that if one had given
previous permission for
entry….
Bull Sh-t. so the cops get the same choice as Obama if he don’t like the way $#%&!@* is going he just waves his magic frickin pen and allakazamm your busted
That’s why I live by myself and I won’t disagree with myself. Stay out of Texas you Nazis you
what they did is wrong and is agianst the seurch and seizur act
That is Not what the Decision says! Not tell the Truth!! The Suspect was Not the homeowner and had intimidated the occupant before the Police had arrived! He was arrested and taken to jail. The Officers came back and asked for the consensual search. The suspect tried to get the consent thrown out and was stopped at Every appeal!!
Without a Warrant is a Violation of U S Constitutional Rights of law abiding citizens of America, officers who Violate the right should be fired from police forces.
You Have to read the total decision to understand the circumstances!
Pitiful…unconstitutional…