CAN THE POLICE SEARCH YOUR HOME WITHOUT A WARRANT IF YOUR ROOMMATE CONSENTS TO A WARRANTLESS SEARCH,
BUT YOU TELL THE POLICE NO?
In the case of Fernandez v. California, (2004), in a 6 to 3 decision, the U.S. Supreme Court said yes. If the objecting tenant leaves, the other tenant (roommate) can allow the police to search without a warrant. The ultimate decision of the Fourth Amendment is whether the search is reasonable. Although warrantless searches are unreasonable, when two co-tenants are present and one objects, the court held that the same search is reasonable when the objecting tenant leaves. In Fernandez v. California, Fernandez objected to the search during the process of being arrested at his home for domestic violence, his girlfriend consented to the search.