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
@Ron. So a property owner does not have the right to consent to a Police Search after an arrest and the arrestee has been taken to jail? Have you read the actual decision? It reiterates the consent to search police receive every day. I have asked for and received many consents and I have also been refused the consent in my 28 year career. I have now been retired for over 10 years but still instruct at the Oregon Police Academy.
@Ron. So a property owner does not have the right to consent to a Police Search after an arrest and the arrestee has been taken to jail? Have you read the actual decision? It reiterates the consent to search police receive every day. I have asked for and received many consents and I have also been refused the consent in my 28 year career. I have now been retired for over 10 years but still instruct at the Oregon Police Academy.
So now Law makers are going to put Peace officers against the public to support their Tyrannical laws,which the officers lives are going to be, more in harms way. Officers need to wake up and stand, to protect the public from Unconstitutional Laws..These laws maker don’t care the risk your taking and don’t care if you lose your life for them,don’t be puppets for the Socialist Agenda. Most people are decent and support Peaceful investigations,not so if they are to Intrusive or destructive.
I dont open my door to cops period. And if they came in, im taking some company to hell with me.
Yeah, good luck with that John!
People we have no Supreme Court any more it is Obama court it is to late for America you either do what Obama tells you to do if you die. You have been sold out
This Country is finished because of Idiots that Voted for Obummer!!!!!!!!!!!!!!!!!!!!!!!!
Not really Linda; there’s always hope; you’re saying We all might as well lay down and die, and with that mentality, you WILL…
Come into my home without a warrant. Ill drop you where you stand
Welcome to the police state of Amerika, Obama style! This is a bad ruling no matter how you look at it. SO if a cop places a gun in your girlfriend’s face and demands permission to search your house, does this not count as being coerced in to allowing an illegal search? Sounds like you shouldn’t allow anyone to live with you after this bad decision!