Fernandez v. California
United States Supreme Court
134 S. Ct. 1126 (2014)
Investigating a gang-related assault and robbery, police traced a suspect to an apartment where they heard fighting; Rojas answered the door visibly injured, and Fernandez (defendant) then appeared and told officers they had no right to enter. Rojas identified Fernandez as her attacker, and police arrested him and removed him from the scene. About an hour later, officers returned, told Rojas Fernandez was in jail, and obtained her consent to search the apartment, discovering gang items, a knife, robbery-suspect clothing, and a sawed-off shotgun. California (plaintiff) charged Fernandez with robbery, and he moved to suppress the evidence, arguing his earlier objection made Rojas's later consent ineffective.
Whether one occupant's consent to search shared premises remains valid under the Fourth Amendment when another occupant had earlier objected to the search but is no longer physically present at the time consent is given.