Category Archives: SCOTUS

SCOTUS to consider whether co-tenant can override defendant’s 4th amendment rights

From Willamette Law Online, the Supreme Court of the United States has granted certiorari in Fernandez v. California to consider:

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.

Check out the full summary for more detail. (And pick your roommates carefully!)