Fernandez v. California | |
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Argued November 13, 2013 Decided February 25, 2014 | |
Full case name | Walter Fernandez, Petitioner v. California |
Docket no. | 12-7822 |
Citations | 571 U.S. 292 (more) 134 S. Ct. 1126, 188 L. Ed. 2d 25, 82 U.S.L.W. 4102 |
Holding | |
When a resident who objects to the search of his dwelling is removed for objectively reasonable purposes (such as lawful arrest), the remaining resident may validly consent to search. | |
Court membership | |
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Case opinions | |
Majority | Alito, joined by Roberts, Scalia, Kennedy, Thomas, Breyer |
Concurrence | Scalia |
Concurrence | Thomas |
Dissent | Ginsburg, joined by Sotomayor, Kagan |
Laws applied | |
U.S. Const. amend. IV |
Fernandez v. California, 571 U.S. 292 (2014), was a U.S. Supreme Court case that explored the limits of Georgia v. Randolph, a 2006 case that held that consent to search a dwelling is invalid in the presence of an objecting co-resident.[1] Fernandez, however, held that when the objecting co-resident is removed for objectively reasonable purposes (such as lawful arrest), the remaining resident may validly consent to search.[2]
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