- State Department: ‘No American is proud’ of certain CIA tactics
- Drug-filled drone crash outside S.C. prison sends police on alert
- GOP to Obama: Take your ‘golf cap off’ and get down to coal country
- Hamas cleric tells Jews: ‘We will exterminate you’
- San Diego Costco, Target shoppers shocked by plane crash in parking lot
- George W. Bush penning biography of father
- Israel vows to destroy Hamas tunnels
- Spain evacuates staff from embassy in Libya
- Peace Corps evacuates over Ebola fears; 2 volunteers isolated
- House overwhelmingly approves $16 billion cash infusion for VA overhaul
High court allows disputed home search
Question of the Day
WASHINGTON (AP) - The Supreme Court ruled Tuesday that police may search a home without a warrant when two occupants disagree about allowing officers to enter, and the resident who refuses access is then arrested.
The justices declined to extend an earlier ruling denying entry to police when the occupants disagree and both are present.
Justice Samuel Alito wrote the court’s 6-3 decision holding that an occupant may not object to a search when he is not at home.
“We therefore hold that an occupant who is absent due to a lawful detention or arrest stands in the same shoes as an occupant who is absent for any other reason,” Alito said.
Fernandez is serving a 14-year prison term on robbery and guns charges.
The court ruled 5-3 in 2006 that when two occupants who disagree about letting the police in are present, the objecting occupant prevails.
Ginsburg said that police are justified in the immediate removal of the abuser from the premises. That, she said, is what happened in this case. But that shouldn’t trump the need for a warrant to overcome Fernandez’s objection to the search of his home.
When Rojas first answered the door for police, she was crying and holding her 2-month-old baby. She had a fresh bump on her nose, and blood on her hands and shirt. She said she had been in a fight.
At that point Fernandez appeared and ordered the police to get out, telling them he knew his constitutional rights. The police believed the couple had just been in a fight and removed Fernandez from the apartment in handcuffs. An officer noticed a tattoo on Fernandez‘ shaved head that matched the description of a robbery suspect. Fernandez soon was arrested.
California maintained in its argument at the court that police had enough evidence at that point to get a warrant. But they said one was unnecessary because Rojas had the authority to let them in, despite Fernandez’s earlier objection.
The court agreed with that proposition Tuesday.
TWT Video Picks
By Ted Cruz
Israel saves its enemies; Hamas endangers its friends
- Geraldo Rivera: Matt Drudge 'doing his best to stir up a civil war'
- Al Gore's climate-changers at EPA hearings foiled by cool temperatures
- Chicken pox outbreak puts illegal immigrant facility on lockdown
- EDITORIAL: The real Lois Lerner exposed in newly released emails
- NAPOLITANO: Is the president incompetent or lawless?
- House votes to sue President Obama over claims of presidential power
- 'Big Bang' star Mayim Bialik helps send bulletproof vests to IDF
- Lois Lerner hated conservatives, new emails show
- Star witness in Bob McDonnell corruption trial refutes 'crush' defense
- CRUZ: A tale of two hospitals: One in Israel, one in Gaza
Obama's biggest White House 'fails'
Celebrities turned politicians
Athletes turned actors
20 gadgets that changed the world