– Supreme Court Rules Police May Search A Home Without Obtaining A Warrant (ZeroHedge, Feb 27, 2014):
If the most disturbing, if underreported, news from yesterday, was Obama’s “modification” of NSA capabilities, which contrary to his earlier promises, was just granted even greater powers as phone recording will now be stored for even longer than previously, then this latest development from the Supreme Court – one which some could argue just voided the Fourth amendment – is even more shocking. RT reports that the US Supreme Court has ruled that police may search a home without obtaining a warrant despite the objection of one occupant if that occupant has been removed from the premises. With its 6 to 3 decision in Fernandez v. California on Tuesday, the Court sided with law enforcement’s ability to conduct warrantless searches after restricting police powers with its 2006 decision on a similar case.
In 2009, the Los Angeles Police Department sought suspect Walter Fernandez, believed to have stabbed someone in a violent gang robbery. When police first arrived at the suspect’s home, they heard yelling and screaming before Fernandez’s live-in girlfriend Roxanne Rojas answered the door, appearing “freshly bruised and bloody,” and with an infant in hand, according to argument recap by SCOTUSblog.
Fernandez was spotted by police, and said, “Get out. I know my rights. You can’t come in.” Yet police arrested him on charges of domestic violence. Later, once Fernandez was out of the home, police asked Rojas for permission to conduct a search, which yielded evidence implicating Fernandez in the robbery.
Probable cause or probable loss of all civil rights?
The Court’s decision justified the police actions, with Justice Samuel Alito writing the majority’s position.
“A warrantless consent search is reasonable and thus consistent with the Fourth Amendment irrespective of the availability of a warrant,” Alito wrote. He added that “denying someone in Rojas’ position the right to allow the police to enter her home would also show disrespect for her independence.”
Alito was joined in the majority by Justices Breyer, Kennedy, Roberts, Scalia, and Thomas.
Justice Ruth Bader Ginsburg – joined in the minority by Justices Kagan and Sotomayor, marking a gender divide among the Justices in the case – wrote the dissenting opinion, calling the decision a blow to the Fourth Amendment, which prohibits “unreasonable searches and seizures.”
“Instead of adhering to the warrant requirement,” Ginsburg wrote, “today’s decision tells the police they may dodge it, nevermind ample time to secure the approval of a neutral magistrate.” Tuesday’s ruling, she added, “shrinks to petite size our holding in Georgia v. Randolph.”
Georgia v. Randolph was a similar case the Supreme Court addressed in 2006, in which a domestic violence suspect would not allow police to enter his home, though his wife did offer police consent. The police ultimately entered the home. The Court ruled in the case that the man’s refusal while being present in the home should have kept authorizes from entering.
“A physically present inhabitant’s express refusal of consent to a police search [of his home] is dispositive as to him, regardless of the consent of a fellow occupant,” the majority ruled in that case.
In addressing Randolph in the majority opinion, Alito wrote that the difference between that case and Fernandez was the physical presence of the suspect.
“Our opinion in Randolph took great pains to emphasize that its holding was limited to situations in which the objecting occupant is physically present,” he wrote.
“We therefore refuse to extend Randolph to the very different situation in this case, where consent was provided by an abused woman well after her male partner had been removed from the apartment they shared.”
Prior to Randolph and Fernandez, the Court ruled in the 1974 case United States v. Matlock that any one of the co-tenants in a home can consent to a police search of the premises.
Well there goes the fourth amen… oh look, over there: it’s another all time high in the S&P 500. On paper, those who hold stocks have never been richer. Everyone else, barricade your doors, and the police come knocking, don’t even bother answering – they will come in anyway. And also prepare your guns for return to the government: that particular “constitutional” amendment is the next to go.
4 thoughts on “U.S. Supreme Court Rules Police May Search A Home WITHOUT OBTAINING A WARRANT”
There is nothing lawful about a warrantless search.
Our government has turned on it’s own people. Most of us are not bad apples being allowed to set law due to bad behavior. Looking at the behavior of many police departments, it gives them way too much power, and many of them are already totally corrupt.
This is very bad news for America. US media won’t cover it, and the drones will sit in front of their TV’s and believe all is right in America.
Over the last 14 years, our constitution has been completely destroyed, and people are too stupid to realize it.
This is a big story. It will get no coverage, save from the few brave bloggers who believe in the truth. I thank you (as always) for covering the stories they want blacked out, and express my contempt for the six corporate news entities that control the propaganda that passes as news.
Coups are always quick. In the time of the French Revolution, the real fight happened in Paris. When Napoleon became emperor in 1804, 15 years after the revolution, he passed a law that all French citizens ought to speak French, and sent emissaries into the villages to set up the schools. Many of the villages were not aware Louie XVI was no longer king, they knew nothing of the revolution, or what followed it…….
Back then, there was no TV or Radio, and it made sense. Most French citizens never traveled more than 15 miles from their birth places. They never responded to the changes until Napoleon took all their sons for his endless wars. But, at least his wars brought money home to the French treasury, not into the hands of cronies, as they do now.
But today, with smart phones and Internet, one would think it would be better……..but no. We may as well not have these things, they make nothing better.
Most people are mindless, and only care about their own lives, paying no attention to what is going on around them.
All of our technology has been turned against us.
As one who helped build it, I feel sad, indeed. We were so hopeful that technology would lead to better things, not oppression.
Here is the type of corruption the court has just set loose on the US citizens…….I know the area described in the story, and have heard stories that are far worse.
On another, far more serious than any government excess, here is a story about the radioactive qualities in the rain we so desperately needed. This story is very important, and ought to be read by as many people as possible.
The nightmare has begun.
Russian lawmakers just gave Putin the green light to use military force to take over the Ukraine………
When one man controls things, he gets a lot done, good or otherwise…..
To me, it is obvious win-win for the Ukraine to reunite with Russia. Both will be empowered. Historically, they have been one nation for many years, so it will work for them. Even more important to the entire region, it will stop the endless quest by the west to de-stabilize the region…..just look at Iraq. It is a bigger mess now than ever.
They have to keep the greedy corporate west out……the US and it’s two allies, UK and Israel are despised around the world as bullies and warmongers.
The Bush Doctrine which Obama had promised to abolish continues without end. The world is sick of it, so are the people of the west.
By the way, if you could set up a section where your readers could send you links like this, it might make it easier to find and evaluate the stories.
Here is the link.