Fernandez v. California
Docket No. Op. Below Argument Opinion Vote Author Term
12-7822 Cal. Ct. App. Nov 13, 2013
Tr.Aud. Feb 25, 2014 6-3 Alito OT 2013
Disclosure: Kevin Russell, of Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among counsel to the petitioner in this case.
Holding: The Courtís decision in Georgia v. Randolph, holding that the consent of one occupant is insufficient to authorize police to search a premises if another occupant is present and objects to the search, does not apply when an occupant provides consent well after the objecting occupant has been removed from the premises.
Judgment: Affirmed, 6-3, in an opinion by Justice Alito on February 25, 2014. Justice Scalia and Justice Thomas filed concurring opinions. Justice Ginsburg filed a dissenting opinion in which Justice Sotomayor and Justice Kagan joined.