Supreme Court allows disputed home searches without warrant

The Supreme Court has ruled that police may search a home without a warrant when two occupants disagree about allowing officers to enter


Associated Press

WASHINGTON — The Supreme Court has ruled 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 on Tuesday 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.

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

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

Copyright 2014 The Associated Press

Associated PressCopyright 2014 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

  1. Tags
  2. Investigations
  3. Patrol Issues
  4. Search

Recommended Legal

Join the discussion