Dereona
The ruling was in a 5 to 3 decision, the Supreme Court held that when two co-occupants are present and one consents to a search while the other refuses, the search is not constitutional.
California won the case because that day that he was convicted of the robbery. But also he did not contest the charges for possession of firearms and ammunitionWhether, under Georgia v. Randolph, a defendant must be personally present and objecting when police officers ask a co-tenant for consent to conduct a warrantless search or whether a defendant’s previously stated objection, while physically present, to a warrantless search is a continuing assertion of Fourth Amendment rights which cannot be overridden by a co-tenant.
Fernandez argued that, under the Supreme Court's holding in Georgia v. Randolph (2006) and the Ninth Circuit's holding in United States v. Murphy (2008), the evidence found in the search should have been suppressed. The California Court of Appeal upheld the trial court's admission of the evidence and explicitly rejected Murphy.
Clarification of Randolph is clearly warranted, as lower courts have split on the question presented. Some have held that if a tenant who objects to a search is later arrested and removed from the premises, his or her objection remains in force, and is not overridden by the consent of a still-present co-tenant. E.g., United States v. Murphy, 516 F.3d 1117, 1124-25 (9th Cir. 2008) [although the result in this case may be no more than an application of Randolph's suggestion, 547 U.S. at 121, that a pretextual arrest to remove the objecting c0-tenant could invalidate another co-tenant's consent: see United States v. Brown, 563 F.3d 410, 417 (9th Cir. 2009)]; Richardson v. City of Antioch, 722 F.Supp.2d 1133, 1140-41 (N.D. Cal. 2010); Martin v. United States, 952 A.2d 181, 187-88 (D.C. 2008); State v. Caster, 234 P.3d 1087, 1097 (Or. App. 2010). Others have held that after the objecting tenant is arrested and removed, a co-tenant’s
California won the case because that day that he was convicted of the robbery. But also he did not contest the charges for possession of firearms and ammunitionWhether, under Georgia v. Randolph, a defendant must be personally present and objecting when police officers ask a co-tenant for consent to conduct a warrantless search or whether a defendant’s previously stated objection, while physically present, to a warrantless search is a continuing assertion of Fourth Amendment rights which cannot be overridden by a co-tenant.
Fernandez argued that, under the Supreme Court's holding in Georgia v. Randolph (2006) and the Ninth Circuit's holding in United States v. Murphy (2008), the evidence found in the search should have been suppressed. The California Court of Appeal upheld the trial court's admission of the evidence and explicitly rejected Murphy.
Clarification of Randolph is clearly warranted, as lower courts have split on the question presented. Some have held that if a tenant who objects to a search is later arrested and removed from the premises, his or her objection remains in force, and is not overridden by the consent of a still-present co-tenant. E.g., United States v. Murphy, 516 F.3d 1117, 1124-25 (9th Cir. 2008) [although the result in this case may be no more than an application of Randolph's suggestion, 547 U.S. at 121, that a pretextual arrest to remove the objecting c0-tenant could invalidate another co-tenant's consent: see United States v. Brown, 563 F.3d 410, 417 (9th Cir. 2009)]; Richardson v. City of Antioch, 722 F.Supp.2d 1133, 1140-41 (N.D. Cal. 2010); Martin v. United States, 952 A.2d 181, 187-88 (D.C. 2008); State v. Caster, 234 P.3d 1087, 1097 (Or. App. 2010). Others have held that after the objecting tenant is arrested and removed, a co-tenant’s