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
How far are we going to be pushed?
Until people wake up and don’t just stand by for it any longer. Why can’t people see what’s coming? What will happen here will make the Ukranian uprising/gov’t takeover seem like a playground spat. It’s coming — just wait and see.
That would suck if a nearby sniper took the cops out for disrespecting the constitution. That would just suck.
That would suck if a nearby sniper took the cops out for disrespecting the constitution. That would just suck.
If you don’t want to talk to police don’t answer the door. I’ve done it. It has worked for me. They sometimes will leave you a business card with some explanation on the back regarding the reason for the visit.
About to go full tard on these traitors.
HOW much more stupid can America get ??
What???
Now you know why they want your guns, Another war is coming to America, And the Police will be the enemy because they will try to stop the people from hanging the Judges.
AND the administration, whether it be local, state, or Fed. Just keep in mind there are addt’l weapons to be had quite legally and easily — sling shots, paint ball guns, etc. If this facist state thinks we are all going to just roll over and play dead for them, they are MUCH mistaken. The # of hunters in this country alone outnumbers the LEOs. The MADNESS of this gov’t had got to be reigned in before we think that North Korea has a “FREE” country (compared to us).
It’s not America Benny, it’s our liberal jack ass people. If we don’t get them out of power soon, there will be no America left to defend. This c**p is total insanity, as if we don’t have enough police abuse of power already.