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.
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