U.S. Supreme Court
Mar. 5, 2014
Bad facts meet the Fourth Amendment in hard case
In the wake of the U.S. high court's ruling in Fernandez v. California, many are writing the Fourth Amendment's obituary. By Jacqueline Goodman
Previously the U.S. Supreme Court has held that, for joint occupants of the same place, the presence of one objecting co-occupant was enough to deny consent to a warrantless search of the premises. Last week, however, the court ruled that in such a situation, police may remove the objecting co-occupant. Problem solved.
The rule was laid out in Fernandez v. California, 2014 DJDAR 2222 (U.S. Feb. 25, 2014). In Fernandez...
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