Supreme Court Rules Warrantless Search of Home Constitutional in Fernandez v. California


Regrettably, I have neglected to publish a new post in a while.  But, going forward, I am going to try to make amends to you by posting something each Friday so you’ll have something to read on those Friday afternoons that just seem to never end, even if it is a quick post that won’t take five minutes to review (like this one).

Tuesday, the United States Supreme Court ruled in the case of Fernandez v. California (click here for a news article reporting on the case).  In short, in this case the police approached a suspect who refused to consent to a search of his home. Suspect was then removed from the residence (aka, arrested) and, an hour later, police returned without a warrant and got consent from the girlfriend to search the premises. The Supreme Court ruled 6-3 Tuesday that this was a constitutional search.  While unreasonable searches and seizures are prohibited by the Fourth Amendment to the US Constitution, the Court ruled in this case that the warrantless search of the home was permissible as the police had the consent of a resident of the home, despite the defendant’s earlier objection to the search.

Click here is a link if you would like to read the full case.


The author of TNLawyerLee is Nicholas W. Lee, Esq., an attorney in Knoxville, Tennessee.  If you or someone you know need an attorney, please click here for Mr. Lee’s contact information and contact him today for a free consultation.  Also, please feel free to visit Mr. Lee’s website, or follow his page on Facebook for updates as to his law practice or new posts to TNLawyerLee by clicking here.

The information on this site is general information and should not be construed as legal advice. Every case is unique and you should consult with an attorney in your state about the specific details of your case. Nothing on this site or in correspondence with Nicholas Lee or his agents shall be construed as forming an attorney-client relationship and information you send prior to the forming of an attorney-client relationship may not be kept confidential. Neither this site nor correspondence with Nicholas Lee or his agents shall be construed as a promise nor as undertaking a duty regarding you or your case. Nicholas Lee and his agents are not retained as your legal counsel unless a valid written Representation Agreement is reached regarding your specific case.

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