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
hitlerism ??
The current gov’t makes Hitler look like a harmless cranky neighbor. Hitler didn’t have drones overhead to kill people without warrants, he didn’t have the ability to spy on anyone 24/7 through their phone calls, email, snail mail, bank records, and GPS. This administration is emboldened with every passing day because they are UNCHALLENGED, and will continue to be until people finally shake the fear that is paralyzing them and stand up for their Constitutional rights. This country is a dictatorship, and it needs to be returned to a Constitutional Republic immediately.
According to the Bill of Rights this is wrong.
Time to get steel doors and steel screen doors and closed in entry ways
Sounds alot like what the German gestopo would do.
We now have the American version of it — only STRONGER, and with more ability electronically to spy on us, and to “take us out” if needed. Looks like it’s gonna be time to go “off grid” soon.
Obamas Waffen SS
WITH OUT A WARRANT IT IS ILLEAGLE SEACH AND SEASURE CHECK THE LAWS IF YOU DO YOUR IN FOR A REAL SHOCKER
obamas SS.
It’s his own brand of it, to be sure, and I suspect this is only the BEGINNING of what he has planned for all of us.
“Absolute power corrupts, ABSOLUTELY”
AND IF YOUR A COP YOU SHOULD CHECK THEM TO WITH OUT A WARRENT YOU ARE THE CRIMINAL
try it ,get castle lawed
Police state at work