Fernandez v. California
| Fernandez v. California | |
|---|---|
| Argued November 13, 2013 Decided February 25, 2014 | |
| Full case name | Walter Fernandez, Petitioner v. California |
| Docket no. | 12-7822 |
| Citations | 571 U.S. 292 (more) 134 S. Ct. 1126, 188 L. Ed. 2d 25, 82 U.S.L.W. 4102 |
| Holding | |
| When a resident who objects to the search of his dwelling is removed for objectively reasonable purposes (such as lawful arrest), the remaining resident may validly consent to search. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Alito, joined by Roberts, Scalia, Kennedy, Thomas, Breyer |
| Concurrence | Scalia |
| Concurrence | Thomas |
| Dissent | Ginsburg, joined by Sotomayor, Kagan |
| Laws applied | |
| U.S. Const. amend. IV | |
Fernandez v. California, 571 U.S. 292 (2014), was a U.S. Supreme Court case that explored the limits of Georgia v. Randolph, a 2006 case that held that consent to search a dwelling is invalid in the presence of an objecting co-resident. Fernandez, however, held that when the objecting co-resident is removed for objectively reasonable purposes (such as lawful arrest), the remaining resident may validly consent to search.