Tuesday, February 25, 2014
New U.S. Supreme Court 4th Amend decision:
According to Findlaw.com: " Fernandez v. California, No. 12-7822
The rule of Georgia v. Randolph, 547 U. S. 103 (2006), that the consent of one occupant to a search is insufficient when another occupant is present and objects to the search, does not extend to the very different situation in this case, where consent was provided by an abused woman well after her partner, the defendant, had been removed from the apartment they shared."
I have mixed feelings on this one. However, I disagree. I think the missing partner still has a reasonable expectation of privacy to the same extent as the occupant in Ga. v. Randolph.
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I agree with your sentiment. If there's a possibility that incriminating evidence could be found, it's best to have a court order. Sounds like police had reasonable cause to obtain a warrant regardless of the other occupant's permission.
ReplyDelete44: Thanks: As you suggest, when the police could have obtained a warrant and there is no emergency, they should be forced to get one, not try to get around the warrant requirement.
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