Walter Fernandez Case Study
Walter Fernandez, Petitioner,
V.
California Respondent,
Tisha Moorer
US Government 1A
QUESTION PRESENTED
1 .Whether petitioner’s objection to police entry into his shared apartment barred the police from later conducting a warrantless search of the apartment based on the consent of his cotenant obtained after petitioner had been removed from the premises for a domestic violence investigation and then lawfully arrested for prior robbery.
2. Once a co-tenant has expressly told the police officers that they may not enter his home, does the fourth amendment allow the …show more content…
Fernandez was later joined by other gang members, The Drifters (A gang which Fernandez was affiliated with). The Officers made their way to an alley where the gang members came together. A witness told the officers that Fernandez was in the apartment that the witness was pointing in the direction of.
When arriving to the apartment the officers heard loud male and female voices yelling and fighting. Back up was called before the officers approached the door. Roxanne Rojas ,the petitioner’s girlfriend and roommate answered the door. She had swelling across her forehead and on her nose; fresh blood was smeared on her shirt.
The Officers asked Rojas what was the issue was about. Rojas explained that she had been in a fight. When the officers stepped into the apartment they spotted the petitioner, who had a shaved head with a gang symbol tattooed on his head inside the kitchen wearing only boxer shorts and sweating. Assuming that the assault was recent they decided to separate them. Fernandez responded to the officers “you don't have any rights to come here, i know my rights.” The officers physically removed Fernandez despite his warning and took him into custody. After removing Fernandez from the property he was later identified as the lead assailant in the Lopez …show more content…
Jardines, Fernandez motioned to have the evidence that was secured without a warrant suppressed but the motion was denied by the L.A District court. The court ruled that the officers acted reasonably and that it was enough to validate the search of the apartment. Fernandez was approved to go to the California court of appeals were they confirmed his Charges but denied his motion to suppress the
V.
California Respondent,
Tisha Moorer
US Government 1A
QUESTION PRESENTED
1 .Whether petitioner’s objection to police entry into his shared apartment barred the police from later conducting a warrantless search of the apartment based on the consent of his cotenant obtained after petitioner had been removed from the premises for a domestic violence investigation and then lawfully arrested for prior robbery.
2. Once a co-tenant has expressly told the police officers that they may not enter his home, does the fourth amendment allow the …show more content…
Fernandez was later joined by other gang members, The Drifters (A gang which Fernandez was affiliated with). The Officers made their way to an alley where the gang members came together. A witness told the officers that Fernandez was in the apartment that the witness was pointing in the direction of.
When arriving to the apartment the officers heard loud male and female voices yelling and fighting. Back up was called before the officers approached the door. Roxanne Rojas ,the petitioner’s girlfriend and roommate answered the door. She had swelling across her forehead and on her nose; fresh blood was smeared on her shirt.
The Officers asked Rojas what was the issue was about. Rojas explained that she had been in a fight. When the officers stepped into the apartment they spotted the petitioner, who had a shaved head with a gang symbol tattooed on his head inside the kitchen wearing only boxer shorts and sweating. Assuming that the assault was recent they decided to separate them. Fernandez responded to the officers “you don't have any rights to come here, i know my rights.” The officers physically removed Fernandez despite his warning and took him into custody. After removing Fernandez from the property he was later identified as the lead assailant in the Lopez …show more content…
Jardines, Fernandez motioned to have the evidence that was secured without a warrant suppressed but the motion was denied by the L.A District court. The court ruled that the officers acted reasonably and that it was enough to validate the search of the apartment. Fernandez was approved to go to the California court of appeals were they confirmed his Charges but denied his motion to suppress the