High Court Allows Disputed Home Search

The Associated Press reports:

The Supreme Court ruled Tuesday that police may search a home without a warrant when two occupants disagree about allowing officers to enter, and the resident who refuses access is then arrested.

The justices declined to extend an earlier ruling denying entry to police when the occupants disagree and both are present.

Justice Samuel Alito wrote the court’s 6-3 decision holding that an occupant may not object to a search when he is not at home.

“We therefore hold that 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,” Alito said.

Police found a shotgun, ammunition and a knife when they searched the Los Angeles apartment that Walter Fernandez shared with his girlfriend, Roxanne Rojas.

Fernandez told police they could not enter. But shortly after his arrest, officers returned to the apartment and persuaded Rojas to let them in.

Fernandez is serving a 14-year prison term on robbery and guns charges.

Justice Ruth Bader Ginsburg wrote in dissent that “Fernandez’s objection to the search did not become null upon his arrest and removal from the scene.”

The court ruled 5-3 in 2006 that when two occupants who disagree about letting the police in are present, the objecting occupant prevails. . . .