The 4th Amendment and Illegal Search of Property
As a citizen of the United States of America, it is always good to know your legal rights. Perhaps one of the most common questions that people ask is whether it is legal for police to search one’s personal property without the consent of the owner and/or a warrant? The 4th amendment forbids unreasonable searches and seizures, but what happens when a person’s significant other gives consent to do the search? In the case of Walter Fernandez vs. California, the police searched the home of Fernandez with the consent of his girlfriend, while he was not in attendance. This case is a bit more complicated and has the lower courts split, so it is now going to the United States Supreme Court.
In 2009, there was a report of a robbery and stabbing in which Los Angeles Police Department responded to. The victim described the attacker as a man with a tattoo on his head, and when officers spotted a man running from the crime scene to an apartment, they pursued. After hearing shouts and yells they knocked on the door to find Fernandez’s bleeding and bruised girlfriend holding a baby. Upon seeing the officers, Fernandez began to angrily yell and scream stating: “You don’t have the right to be here. I know my rights.”
The officers then took Fernandez into custody, removing him from his property. They then returned to the apartment and with the consent of the girlfriend, entered and searched the property. Amongst Fernandez’s belongings, they found Drifters gang paraphernalia, along with a knife and a gun. After being positively identified by the victim, Fernandez was then taken to jail and ultimately convicted of robbery while acting as part of a street gang and of illegal gun possession. He was sentenced to 14 years in prison.
Fernandez then appealed his case citing Georgia vs. Randolph, 547 U.S. 103 (2006). In this case, a man from Georgia objected police entering and searching his home, while his estranged wife gave consent. The husband then filed a case stating that the police had violated his rights, and the courts ruled in his favor. Fernandez, however, lost his case in the California Court of Appeals.
When Fernandez’s attorney filed another appeal, the U.S Supreme Court agreed to hear the case due to the overwhelming fact that the lower courts are split on this issue. Stanford law professor Jeffrey Fisher will argue for Hernandez and feels that the court should not weaken the 4th Amendment right against unreasonable searches. Louis Karlin, a deputy state attorney general from Los Angeles, will join with an Obama administration attorney and argue to uphold the decision of the previous courts.
In conclusion, the case of Walter Fernandez vs. California has the lower courts split. Because of this, the U.S Supreme Court has agreed to hear the case. Depending on what the Supreme Court rules, this could further define American’s 4th Amendment and the protections under it.
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