By November 5, 2014 March 3rd, 2017 blog post

Consent to Search Over Objection

On February 25, 2014, the United States Supreme Court in the case of Fernandez v California decided that consent to search a home by an abused woman was valid when the consent was given after her male partner, who objected, was arrested and removed from the residence by police. There is a long history of case law that establishes that police officers may search jointly occupied premises if one of the occupants consents. There is a narrow exception in the 2006 case of Georgia v Randolph that consent of one occupant is insufficient when another occupant is present and objects to the search. The court in Fernandez decided that the exception does not apply because the occupant who objected was not present when the consent was given. Randolph only applies when the objecting occupant is present. The Supreme Court rejected defendant’s arguments that his objection should still be valid because the only reason he was not present was because police removed him and that is was sufficient that he objected to the search while he was still present.

Michigan Criminal Defense Attorney – 4th Amendment Search and Seizure Issues

The United States Supreme Court makes important criminal law and constitutional decisions every term of the Court. These decisions are quite often not favorable to people charged with crimes. That is why it is so important that you have an experienced legal team working for you. The attorneys at LEWIS & DICKSTEIN, P.L.L.C. have decades of experience practicing nothing but criminal law. They are cutting edge practitioners and able to raise all issues necessary to protect and defend the people they represent. If you are facing criminal charges and the possible loss of your freedom, it is important that you have the best legal representation available. Call the attorneys at LEWIS & DICKSTEIN, P.L.L.C. at (248) 263-6800 with any questions you may have, or complete a Request for Assistance Form and one of our attorneys will contact you.
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