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Published by the Indiana Office of Court Services

Fernandez v. California, No. 12-7822, __ U.S. __ (Feb. 25, 2014).

February 28, 2014 Filed Under: Criminal Tagged With: S. Alito, SCOTUS

Alito, J.
Our cases firmly establish that police officers may search jointly occupied premises if one of the occupants [footnote omitted] consents. See United States v. Matlock, 415 U. S. 164 (1974). In Georgia v. Randolph, 547 U. S. 103 (2006), we recognized a narrow exception to this rule, holding that the consent of one occupant is insufficient when another occupant is present and objects to the search. In this case, we consider whether Randolph applies if the objecting occupant is absent when another occupant consents. Our opinion in Randolph took great pains to emphasize that its holding was limited to situations in which the objecting occupant is physically present. We therefore refuse to extend Randolph to the very different situation in this case, where consent was provided by an abused woman well after her male partner had been removed from the apartment they shared.
ROBERTS, C. J., and SCALIA, KENNEDY, THOMAS, and BREYER, JJ., joined.
SCALIA, J., and THOMAS, J., filed concurring opinions.
GINSBURG, J., filed a dissenting opinion, in which SOTOMAYOR and KAGAN, JJ., joined.

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