By Dr. Ray Kessler, who is, incidentally, a retired Prof. of Criminal Justice, former defense attorney and prosecutor is your host. I am also a part-time instructor in Criminal Justice at Richland College, an outstanding, 2-year institution in Dallas, TX. https://richlandcollege.edu/ Note that I do NOT select which ads run on the blog.
Showing posts with label Fernandez v. California. Show all posts
Showing posts with label Fernandez v. California. Show all posts
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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