Court Weighs Arrestee's Objection to Home Search

Nov 13, 2013 12:49 PM

WASHINGTON (AP) - The Supreme Court has said that police may not search a home without a warrant when two occupants disagree about allowing the officers to enter. Hearing arguments Wednesday, the justices seem unlikely to order the police to stay out after the resident who refuses permission to search is arrested and taken away.

The court took up the case of Walter Fernandez, who is serving a 14-year prison term on robbery and guns charges. Police found a shotgun, ammunition and a knife when they searched the Los Angeles apartment Fernandez shared with his girlfriend, Roxanne Rojas.

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


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