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
FMJ on fast fire. Then they can pry it from my cold dead hands.
Time to get rid of the left wing courts
Moron, it was the conservative judges who made this ruling. It was the left wing judges who disagreed with this ruling. But hey, don’t let facts get in the way of your stupidity.
WRONG!!
how would they like it if went in there home without a warrant
Wrong wrong wrong
The current SCOTUS is as corrupt as the Obama White House! In the end, they will have to go too!
Say WHAT???
So sad. We are really getting screwed.
So now a Cop skilled in making “Fearful people more Fearful” can manipulate people out of their Fourth Amendment Rights. Amazing how “Stretchy” the US Constitution is with Liberals on the Court. So the best thing for the dissenter to do is shoot the conniving Cop? Or, shoot the sniveling Coward? Or, Burn the House Down? Why is it so difficult for Cops, of all people, to simply obey the Law much as they don’t like to, and go get a Warrant. Long ago, the Cops got the Court to give them Exceptions to securing a Warrant, i.e. Hot Pursuit, Destruction of Evidence, Safety of People in the House, What is tne need for one more exception. Their is a Policy which Courts should follow that calls for the Court to avoid creating so many exceptions to a Law that the exceptions, in practical effect, swallow the Law, and this is happening to the Fourth Amendment. and Cops, they just must all be so shortsighted that they don’t realize that the Fourth Amendment protects them also.
The supreme court seems to be in obama’s pocket – they are certainly not patriots and seem to be extremely un-American – they need to be replaced