The Case Between Fernandez And California

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In the case between Fernandez and California, the Supreme Court has to decide whether the Fourth Amendment prohibits warrantless searches to co-tenants apartment; When the defendant has previously objected the entry of police to his apartment, but was later removed from the premises for domestic violence and lawfully arrested for a prior robbery. The co-tenants then consent for the search after the lawful arrest. Facts On October 12, 2009, Abel Lopez was attacked and robbed by a man he later identified as Walter Fernandez. Mr. Fernandez pulled out a knife and pointed it at Lopez’ chest. Lopez then ran from the scene and called 911 for help, but petitioner whistled, and four other men came from a nearby apartment building and…show more content…
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 only other person present. After Officer Cirrito asked Rojas to step out of the apartment so that he could conduct a protective sweep. The petitioner then appeared at the door wearing only boxer shorts. The petitioner stepped forward and said, “‘You don’t have any right to come in here. I know my rights.’” 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. During the search the police found Drifters gang paraphernalia, a butterfly knife, clothing worn by the robbery suspect, and ammunition and a shotgun. Petitioner was charged with robbery, Cal. Penal Code Ann. §211 (West 2008), infliction of corporal 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 short-barreled shotgun, §12020(a)(1), and felony possession of ammunition, §12316(b)(1). Defendant tried to suppress or have the evidence found in the apartment thrown out, because he believe those evidence
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