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What is the holding in Fernandez v California 2014 with respect to obtaining consent from co tenants?
In 2014, the Supreme Court decided Fernandez v. California, holding that an individual who objects to a warrantless search but is later lawfully removed from the premises can have his or her objection to the search superseded by a co-tenant.
What is the holding in Fernandez v California 2014 with respect to obtaining consent from cotenants?
On February 25, 2014 the Court clarified Randolph by ruling that the police can search a home without a warrant, even if one co-tenant objects, as long as, the objecting co-tenant is no longer on the scene and another co-tenant gives consent. Fernandez v. California, --- S. Ct.
What was the rule in Fernandez v California?
Randolph, a 2006 case that held that consent to search a dwelling is invalid in the presence of an objecting co-resident. 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.
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Brief of petitioner Walter Fernandez filed. Aug 7 2013, Brief amicus curiae of National Association of Criminal Defense Lawyers filed. Aug 19 2013, CIRCULATED.
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