In a case that narrows the warrant requirement for searches of homes, the Supreme Court upheld the warrantless search of a suspect's home by the LAPD after the person objected. In Fernandez v. California, the officers returned to the apartment of the resident after he had been arrested, and obtained consent from a roommate to conduct a search. Justice Alito, writing for the 6-3 majority, found that the roommate's consent was sufficient once the defendant was no longer present. Justice Ginsburg, writing in a dissent joined by Justices Sotomayor and Kagan, argued that the decision "tells the police they may dodge" the warrant requirement and is contrary to a prior a decision of the Court. In Georgia v. Randolph, the Supreme Court previously ruled that when one occupant refuses to consent to a search, the other's consent is not sufficient to permit a search. EPIC has previously filed amicus briefs in a number of important Supreme Court Fourth Amendment cases. For more information, see EPIC: United States v. Jones, EPIC: Maryland v. King, EPIC: Amicus Curiae Briefs.
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Communications Law and Policy
Jerry Kang and Alan Butler