Post details: SCOTUS cert grant on scope of Randolph and continuing objections to consent
05/22/13
08:50:14 am, by fourth, 149 words, 144 views
Categories: General
SCOTUS cert grant on scope of Randolph and continuing objections to consent
The Supreme Court granted cert Monday in Fernandez v. California. Issue:
Whether, under Georgia v. Randolph, a defendant must be personally present and objecting when police officers ask a co-tenant for consent to conduct a warrantless search or whether a defendant’s previously stated objection, while physically present, to a warrantless search is a continuing assertion of 4th Amendment rights which cannot be overridden by a co-tenant.Opinion below: People v. Fernandez, 208 Cal.App.4th 100, 145 Cal.Rptr.3d 51 (2d Dist. 2012), posted here as Cal.2: Police can remove defendant and ask for consent from co-tenant; rejecting 9th Cir. authority. For what it is worth, this is on the petition of the citizen accused which suggests, but does not guarantee, a reversal. After all, can the police really just circumvent Randolph by removing the objector then asking around for consent until they find an unaware third party to ask? Come on…