A home or apartment is often jointly occupied by more than one person. In the past, the Supreme Court has ruled that any one person who is a “joint occupant” can consent to a police search of the shared residence, without a search warrant. But in 2006, the Court ruled that when co-occupants are on the doorstep and they disagree about whether to let the police search, the police can’t go in if a “physically present” co-occupant objects.
In the case decided today, one co-occupant (Fernandez) was present and objected to a police search, but the police removed him from the scene because it appeared he had just battered his girlfriend (and also taken part in a violent robbery). When the police came back an hour later to ask the girlfriend for consent to search the apartment, she gave it. By a vote of six to three, the Court ruled that the search which followed did not violate the Constitution, because Fernandez was no long physically there and had been removed for fair reasons. Respect for the girlfriend’s independent voluntary consent requires that it be honored.
Three Justices dissented, arguing that the girlfriend had been pressured into consenting, and that police should have gotten a search warrant once they knew Fernandez objected to the search. Such dissents are not unusual, but the majority opinion sets the legal rule for this case.
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A home or apartment is often jointly occupied by more than one person. In the past, the Supreme Court has ruled that any one person who is a “joint occupant” can consent to a police search of the shared residence, without a search warrant. But in 2006, the Court ruled that when co-occupants are on the doorstep and they disagree about whether to let the police search, the police can’t go in if a “physically present” co-occupant objects.
In the case decided today, one co-occupant (Fernandez) was present and objected to a police search, but the police removed him from the scene because it appeared he had just battered his girlfriend (and also taken part in a violent robbery). When the police came back an hour later to ask the girlfriend for consent to search the apartment, she gave it. By a vote of six to three, the Court ruled that the search which followed did not violate the Constitution, because Fernandez was no long physically there and had been removed for fair reasons. Respect for the girlfriend’s independent voluntary consent requires that it be honored.
Three Justices dissented, arguing that the girlfriend had been pressured into consenting, and that police should have gotten a search warrant once they knew Fernandez objected to the search. Such dissents are not unusual, but the majority opinion sets the legal rule for this case.