Police may search an apartment without a warrant when one tenant gives the OK, even if another tenant who is on the premises objects, but then is arrested and removed, the U.S. Supreme Court ruled on Tuesday.
“An occupant who is absent due to a lawful detention or arrest stands in the same shoes as an occupant who is absent for any other reason,” wrote Justice Samuel Alito Jr. for the 6-3 majority in Fernandez v. California. “The lawful occupant of a house or apartment should have the right to invite the police to enter the dwelling and conduct a search.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
