Police may search a home without a warrant as long as the occupant who is present consents
Last month, the US Supreme Court ruled on a case questioning the ability of the police to enter and search a home when one occupant had consented to the search and the other had exercised his Fourth Amendment rights to protection from unreasonable searches and seizures.
The case involved the 2009 arrest of Walter Fernandez by the Los Angeles Police Department. Responding to reports of a street robbery, police pursued a suspect into an apartment building. When officers heard shouting coming from one of the units, they knocked on the door and found Roxanne Rojas and her boyfriend Walter Fernandez inside. Fernandez quickly shouted to the police that he knew his rights and they did not have his consent to enter the apartment. At this point the police took Fernandez into custody as a suspect in the street robbery. When they returned later, Rojas gave her consent to a search of the apartment. Police found a shotgun and gang-related items which helped secure a conviction, and Fernandez is currently serving 14 years in prison.
Fernandez instigated an appeal alleging that the police did not have the right to search his apartment without a warrant once he had clearly stated his objection to a search. However, the US Supreme Court ruled that in situations where once occupant wishes to consent to a search, the other occupant must be physically present in order to object and overrule the other person’s wishes. In other words, it is only necessary for the police to secure the consent of the occupant presently on site in order to conduct a search without a warrant.
In the opinion the court noted that “a warrantless consent search is reasonable and thus consistent with the Fourth Amendment irrespective of the availability of a warrant.” The court further noted that it was important to allow Rojas her right to consent to a search, especially considering she appeared to have been beaten when the police first arrived at the apartment.
Because the laws and precedents surrounding arrests, evidence-gathering, and questioning in criminal cases can be quite complex, it is always in your best interests to secure representation as quickly as possible. With Dan E. Chambers as your criminal defense attorney, you can get the expert assistance you need to ensure that the police are acting legally and no illegally obtained evidence makes it into the courtroom. Call 714-760-4088 today for a free consultation with Dan.
