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
Art Tink Miller I b damn if the cops or 8u think this is ok u better find u another country
This is against the constitution
commes
Police state coming to every city
What about our constitution?
WHO VOTED FOR THIS AND WHO VOTED AGAINST,, GINSBURG VOTING AGAINST IT MAKE ME FEEL IM MISSING SOMETHING
Cops, the feds or Homeland , don’t need a warrant for anything. If they want in your home they are coming in or KILL you. If they want to arrest you , they can and will without any due process of the law. We are now living in a Communist State and Police state. We are expected to be like sheep that the democrats can shear anytime they want. Get use to it or fight back.
Does it matter if the one person leaves at a later time and the police return for entry or if the non-consenting person is removed by force by the police??
Enter at there own risk!
THIS IS ANOTHER OBAMA TRICK TO GET OUR GUNS. REGARDS DAN
You do realise it was the conservative justices who wrote this decision, right?
Both of Obama’s appoontments to the court voted against this decision.