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
…police corruption..
Total gov’t corruption, from the top to the bottom. Now Holder is telling state Atty Gens that they can IGNORE any law they don’t happen to agree with. Soon going to be a total breakdown of society.
insane..
that’s horse $#%&!@*.
Come to my place without a $#%&!@*ing warrant, I dare you!!!
that is so wrong, by rights you can shoot them if they bust in
Nothing like violating the fourth amendment
What the sam-hill is this????
Wow, we lose more and more to the occupation
You ain’t seen NOTHING yet! They’ve been tossing around the idea of taking people’s savings and FORCING them into gov’t sanctioned IRAs to FORCE you to save more $$ for retirement. They’ll get their hands on your money and before you know it, it’s not yours any more. Pretty soon, this country will be starved and regulated into total SERVITUDE.
they do they get shot
Police will die, are they really willing to send cops tobtheir deaths like?
The Feds don’t CARE — it’s all about complete CONTROL over the citizenry.