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
we need a drastic change in this country…where are all our freedoms going? they are taking everything away, setting us up for an absolute takeover like the communists did and the germans did…we are all losing our freedoms but everyone is more worried about the kardashians or the news about a gay player but no one is taking notice about them building all these secret facilities, signing executive orders to limit or take away or rights or guns. WAKE UP AMERICA!! IT IS THAT TIME THAT WE TAKE UP ARMS AGAINST OUR OPPRESSIVE GOVERNMENT AND SHOW THEM THAT WE WILL FIGHT AND DIE FOR OUR FREEDOM AND RIGHTS!!!!
Well we are doomed then, this is the beginning of Marshall law Marxist government starting right here in THE UNITED STATES.
to come in mine they better have a warrant and afterwards a lawyer when I sue the pants off them
Need to fire all the Supreme Court Judges that goes against the Constitution!
Here is more democrat bull$#%&!@*!
No — it’s BOTH sides of the aisle that have sold out the American people for their fame, fortune, and unchecked power. Look at and research just how many RINOS have actually voted for a lot of Obama’s ideas —- it’ll give you chills.
They’re ALL in it for themselves.
$#%&!@* the supreme $#%&!@*s.
So Stupid. has this become NAZI Germany !!
What part of the lessons 1938 Germany did we not understand. Obama and Holder are all smiles over this one though.
WAR against our government is coming!!! We the People will beat them because we are too many and will over run them!!! Police force is still too small as compared to We the People!!
Obama’s appointees in action. Ignore the Constitution is common place with this administration.