Fernandez v. California

571 U.S. 292, 24 Fla. L. Weekly Fed. S 553, 188 L. Ed. 2d 25, 134 S. Ct. 1126, 82 U.S.L.W. 4102, 2014 U.S. LEXIS 1636, 2014 WL 700100
CourtSupreme Court of the United States
DecidedFebruary 25, 2014
Docket12–7822.
StatusPublished
Cited by225 cases

This text of 571 U.S. 292 (Fernandez v. California) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fernandez v. California, 571 U.S. 292, 24 Fla. L. Weekly Fed. S 553, 188 L. Ed. 2d 25, 134 S. Ct. 1126, 82 U.S.L.W. 4102, 2014 U.S. LEXIS 1636, 2014 WL 700100 (2014).

Opinions

Justice ALITO delivered the opinion of the Court.

*294Our cases firmly establish that police officers may search jointly occupied premises if one of the occupants1 consents. See United States v. Matlock, 415 U.S. 164, 94 S.Ct. 988, 39 L.Ed.2d 242 (1974). In Georgia v. Randolph, 547 U.S. 103, 126 S.Ct. 1515, 164 L.Ed.2d 208 (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 *1130if 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. *295I

A

The events involved in this case occurred in Los Angeles in October 2009. After observing Abel Lopez cash a check, petitioner Walter Fernandez approached Lopez and asked about the neighborhood in which he lived. When Lopez responded that he was from Mexico, Fernandez laughed and told Lopez that he was in territory ruled by the "D.F.S.," i.e., the "Drifters" gang. App. 4-5. Petitioner then pulled out a knife and pointed it at Lopez' chest. Lopez raised his hand in self-defense, and petitioner cut him on the wrist.

Lopez ran from the scene and called 911 for help, but petitioner whistled, and four men emerged from a nearby apartment building and attacked Lopez. After knocking him to the ground, they hit and kicked him and took his cell phone and his wallet, which contained $400 in cash.

A police dispatch reported the incident and mentioned the possibility of gang involvement, and two Los Angeles police officers, Detective Clark and Officer Cirrito, drove to an alley frequented by members of the Drifters. A man who appeared scared walked by the officers and said: " '[T]he guy is in the apartment.' " Id., at 5. The officers then observed a man run through the alley and into the building to which the man was pointing. A minute or two later, the officers heard sounds of screaming and fighting coming from that building.

After backup arrived, the officers knocked on the door of the apartment unit from which the screams had been heard. Roxanne Rojas answered the door. She was holding a baby and appeared to be crying. Her face was red, and she had a large bump on her nose. The officers also saw blood on her shirt and hand from what appeared to be a fresh injury. Rojas told the police that she had been in a fight. Officer Cirrito asked if anyone else was in the apartment, and Rojas said that her 4-year-old son was the only other person present.

*296After Officer Cirrito asked Rojas to step out of the apartment so that he could conduct a protective sweep, petitioner appeared at the door wearing only boxer shorts. Apparently agitated, petitioner stepped forward and said, " 'You don't have any right to come in here. I know my rights.' " Id., at 6. Suspecting that petitioner had assaulted Rojas, the officers removed him from the apartment and then placed him under arrest. Lopez identified petitioner as his initial attacker, and petitioner was taken to the police station for booking.

Approximately one hour after petitioner's arrest, Detective Clark returned to the apartment and informed Rojas that petitioner had been arrested. Detective Clark requested and received both oral and written consent from Rojas to search the premises.2 In the apartment, the police *1131found Drifters gang paraphernalia, a butterfly knife, clothing worn by the robbery suspect, and ammunition. Rojas' young son also showed the officers where petitioner had hidden a sawed-off shotgun.

B

Petitioner was charged with robbery, Cal.Penal Code Ann. § 211 (West 2008), infliction of corporal injury on a spouse, cohabitant, or child's parent, § 273.5(a), possession of a firearm by a felon, § 12021(a)(1)(West 2009), possession of a *297short-barreled shotgun, § 12020(a)(1), and felony possession of ammunition, § 12316(b)(1).

Before trial, petitioner moved to suppress the evidence found in the apartment, but after a hearing, the court denied the motion. Petitioner then pleaded nolo contendere to the firearms and ammunition charges. On the remaining counts-for robbery and infliction of corporal injury-he went to trial and was found guilty by a jury. The court sentenced him to 14 years of imprisonment.

The California Court of Appeal affirmed. 208 Cal.App.4th 100, 145 Cal.Rptr.3d 51 (2012). Because Randolph did not overturn our prior decisions recognizing that an occupant may give effective consent to search a shared residence, the court agreed with the majority of the federal circuits that an objecting occupant's physical presence is "indispensible to the decision in Randolph ." Id., at 122, 145 Cal.Rptr.3d, at 66.3 And because petitioner was not present when Rojas consented, the court held that petitioner's *298suppression motion had been properly denied. Id., at 121

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571 U.S. 292, 24 Fla. L. Weekly Fed. S 553, 188 L. Ed. 2d 25, 134 S. Ct. 1126, 82 U.S.L.W. 4102, 2014 U.S. LEXIS 1636, 2014 WL 700100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fernandez-v-california-scotus-2014.