fernandez
california
argued
november
decided
february
police
officers
observed
suspect
violent
robbery
run
apartment
building
heard
screams
coming
one
apartments
knocked
apartment
door
answered
roxanne
rojas
appeared
battered
bleeding
officers
asked
step
apartment
conduct
protective
sweep
petitioner
came
door
objected
suspecting
assaulted
rojas
officers
removed
petitioner
apartment
placed
arrest
identified
perpetrator
earlier
robbery
taken
police
station
officer
later
returned
apartment
obtaining
rojas
oral
written
consent
searched
premises
found
several
items
linking
petitioner
robbery
trial
denied
petitioner
motion
suppress
evidence
convicted
california
appeal
affirmed
held
petitioner
present
rojas
consented
search
exception
permissible
warrantless
consent
searches
jointly
occupied
premises
arises
one
occupants
present
objects
search
georgia
randolph
apply
therefore
petitioner
suppression
motion
properly
denied
held
randolph
extend
situation
rojas
consent
provided
well
petitioner
removed
apartment
pp
consent
searches
permissible
warrantless
searches
schneckloth
bustamonte
clearly
reasonable
consent
comes
sole
occupant
premises
multiple
occupants
involved
rule
extends
search
premises
effects
absent
nonconsenting
occupant
long
consent
one
possesses
common
authority
premises
effects
obtained
matlock
however
physically
present
inhabitan
refuses
consent
refusal
dispositive
regardless
consent
fellow
occupant
randolph
controlling
factor
randolph
objecting
occupant
physical
presence
see
pp
petitioner
contends
though
present
rojas
consented
randolph
nevertheless
controls
neither
arguments
sound
pp
first
argues
absence
matter
since
occurred
police
taken
away
dictum
randolph
suggesting
consent
one
occupant
might
sufficient
evidence
police
removed
potentially
objecting
tenant
entrance
sake
avoiding
possible
objection
best
understood
refer
situations
removal
potential
objector
objectively
reasonable
petitioner
contest
fact
police
reasonable
grounds
removal
existence
probable
cause
arrest
thus
position
occupant
absent
reason
pp
petitioner
also
argues
objection
made
threshold
remained
effective
changed
mind
withdrew
inconsistent
randolph
least
two
important
ways
squared
widely
shared
social
expectations
customary
social
usage
upon
randolph
holding
based
also
creates
sort
practical
complications
randolph
sought
avoid
adopting
formalis
tic
rule
requiring
scope
objection
duration
procedures
necessary
register
continuing
objection
defined
pp
petitioner
claims
expansive
interpretation
randolph
hamper
law
enforcement
cases
officers
probable
cause
arrest
physically
present
objector
also
probable
cause
obtain
warrant
search
premises
objector
want
enter
misunderstands
constitutional
status
consent
searches
permissible
irrespective
availability
warrant
requiring
officers
obtain
warrant
warrantless
search
justified
may
interfere
law
enforcement
strategies
impose
unmerited
burden
person
willing
consent
immediate
search
pp
cal
app
cal
rptr
affirmed
alito
delivered
opinion
roberts
scalia
kennedy
thomas
breyer
joined
scalia
thomas
filed
concurring
opinions
ginsburg
filed
dissenting
opinion
sotomayor
kagan
joined
opinion
notice
opinion
subject
formal
revision
publication
preliminary
print
reports
readers
requested
notify
reporter
decisions
washington
typographical
formal
errors
order
corrections
may
made
preliminary
print
goes
press
walter
fernandez
petitioner
california
writ
certiorari
appeal
california
second
appellate
district
february
justice
alito
delivered
opinion
cases
firmly
establish
police
officers
may
search
jointly
occupied
premises
one
consents
see
matlock
georgia
randolph
recognized
narrow
exception
rule
holding
consent
one
occupant
insufficient
another
occupant
present
objects
search
case
consider
whether
randolph
applies
objecting
occupant
absent
another
occupant
consents
opinion
randolph
took
great
pains
emphasize
holding
limited
situations
objecting
occupant
physically
present
therefore
refuse
extend
randolph
different
situation
case
consent
provided
abused
woman
well
male
partner
removed
apartment
shared
events
involved
case
occurred
los
angeles
october
observing
abel
lopez
cash
check
petitioner
walter
fernandez
approached
lopez
asked
neighborhood
lived
lopez
responded
mexico
fernandez
laughed
told
lopez
territory
ruled
drifters
gang
app
petitioner
pulled
knife
pointed
lopez
chest
lopez
raised
hand
petitioner
cut
wrist
lopez
ran
scene
called
help
petitioner
whistled
four
men
emerged
nearby
apartment
building
attacked
lopez
knocking
ground
hit
kicked
took
cell
phone
wallet
contained
cash
police
dispatch
reported
incident
mentioned
possibility
gang
involvement
two
los
angeles
police
officers
detective
clark
officer
cirrito
drove
alley
frequented
members
drifters
man
appeared
scared
walked
officers
said
guy
apartment
officers
observed
man
run
alley
building
man
pointing
minute
two
later
officers
heard
sounds
screaming
fighting
coming
building
backup
arrived
officers
knocked
door
apartment
unit
screams
heard
roxanne
rojas
answered
door
holding
baby
appeared
crying
face
red
large
bump
nose
officers
also
saw
blood
shirt
hand
appeared
fresh
injury
rojas
told
police
fight
officer
cirrito
asked
anyone
else
apartment
rojas
said
son
person
present
officer
cirrito
asked
rojas
step
apartment
conduct
protective
sweep
petitioner
appeared
door
wearing
boxer
shorts
apparently
agitated
petitioner
stepped
forward
said
right
come
know
rights
suspecting
petitioner
assaulted
rojas
officers
removed
apartment
placed
arrest
lopez
identified
petitioner
initial
attacker
petitioner
taken
police
station
booking
approximately
one
hour
petitioner
arrest
detective
clark
returned
apartment
informed
rojas
petitioner
arrested
detective
clark
requested
received
oral
written
consent
rojas
search
apartment
police
found
drifters
gang
paraphernalia
butterfly
knife
clothing
worn
robbery
suspect
ammunition
rojas
young
son
also
showed
officers
petitioner
hidden
shotgun
petitioner
charged
robbery
cal
penal
code
ann
west
infliction
corporal
injury
spouse
cohabitant
child
parent
possession
firearm
felon
west
possession
shotgun
felony
possession
ammunition
trial
petitioner
moved
suppress
evidence
found
apartment
hearing
denied
motion
petitioner
pleaded
nolo
firearms
ammunition
charges
counts
robbery
infliction
corporal
injury
went
trial
found
guilty
jury
sentenced
years
imprisonment
california
appeal
affirmed
cal
app
cal
rptr
randolph
overturn
prior
decisions
recognizing
occupant
may
give
effective
consent
search
shared
residence
agreed
majority
federal
circuits
objecting
occupant
physical
presence
indispensible
decision
randolph
cal
rptr
petitioner
present
rojas
consented
held
petitioner
suppression
motion
properly
denied
cal
rptr
california
denied
petition
review
granted
certiorari
ii
fourth
amendment
prohibits
unreasonable
searches
seizures
provides
warrant
may
issued
without
probable
cause
text
fourth
amendment
specify
search
warrant
must
obtained
kentucky
king
slip
cases
establish
warrant
generally
required
search
home
brigham
city
stuart
ultimate
touchstone
fourth
amendment
ibid
see
also
michigan
fisher
per
curiam
certain
categories
permissible
warrantless
searches
long
recognized
consent
searches
occupy
one
categories
consent
searches
part
standard
investigatory
techniques
law
enforcement
agencies
constitutionally
permissible
wholly
legitimate
aspect
effective
police
activity
schneckloth
bustamonte
unreasonable
indeed
absurd
require
police
officers
obtain
warrant
sole
owner
occupant
house
apartment
voluntarily
consents
search
owner
home
right
allow
others
enter
examine
premises
reason
owner
permitted
extend
privilege
police
officers
owner
choice
owner
believes
suspicion
owner
may
want
police
search
premises
suspicions
dispelled
may
particularly
important
owner
strong
interest
apprehension
perpetrator
crime
believes
suspicions
police
deflecting
course
investigation
owner
may
want
police
search
even
lack
probable
cause
warrant
always
required
done
even
police
establish
probable
cause
requiring
warrant
despite
owner
consent
needlessly
inconvenience
everyone
involved
officers
magistrate
also
occupant
premises
generally
either
compelled
feel
need
stay
search
completed
michigan
summers
clear
warrantless
search
reasonable
sole
occupant
house
apartment
consents
happens
two
occupants
must
consent
must
asked
consent
one
occupant
enough
faced
problem
years
ago
matlock
case
matlock
woman
named
graff
living
together
house
also
occupied
several
graff
siblings
mother
rented
house
front
yard
house
matlock
arrested
bank
robbery
placed
squad
car
although
police
easily
asked
consent
search
room
graff
shared
instead
knocked
door
obtained
graff
permission
search
search
yielded
incriminating
evidence
defendant
sought
suppress
held
graff
consent
justified
warrantless
search
put
consent
one
possesses
common
authority
premises
effects
valid
absent
nonconsenting
person
authority
shared
illinois
rodriguez
reaffirmed
extended
matlock
holding
rodriguez
woman
named
fischer
told
police
officers
assaulted
rodriguez
termed
apartment
also
informed
officers
rodriguez
asleep
apartment
accompanied
officers
unit
arrived
officers
knocked
door
awakened
rodriguez
done
rodriguez
might
well
surrendered
door
objected
officers
entry
instead
fischer
unlocked
door
officers
entered
without
warrant
saw
drug
paraphernalia
containers
filled
white
powder
plain
view
search
police
learned
fischer
longer
resided
apartment
held
common
authority
premises
time
question
nevertheless
held
warrantless
entry
lawful
police
reasonably
believed
fischer
resident
consent
one
resident
jointly
occupied
premises
generally
sufficient
justify
warrantless
search
recognized
narrow
exception
rule
georgia
randolph
case
police
responded
randolphs
home
receiving
report
domestic
dispute
officers
arrived
janet
randolph
informed
officers
estranged
husband
scott
randolph
cocaine
user
items
drug
evidence
house
internal
quotation
marks
omitted
officers
first
asked
scott
consent
search
unequivocally
refused
ibid
officers
turned
janet
consented
search
produced
evidence
later
used
convict
scott
possession
cocaine
without
questioning
prior
holdings
matlock
rodriguez
held
janet
randolph
consent
insufficient
circumstances
justify
warrantless
search
reiterated
proposition
person
shares
residence
others
assumes
risk
one
may
admit
visitors
consequence
guest
obnoxious
one
may
nevertheless
admitted
absence
another
held
physically
present
inhabitant
express
refusal
consent
police
search
home
dispositive
regardless
consent
fellow
occupant
emphasis
added
opinion
went
great
lengths
make
clear
holding
limited
situations
objecting
occupant
present
opinion
stressed
controlling
factor
see
present
scene
ibid
physically
present
present
physically
present
present
objecting
standing
door
expressly
refusing
consent
physically
present
resident
physically
present
fellow
tenant
objects
ibid
potential
defendant
objecting
door
objects
physically
present
inhabitant
express
refusal
consent
police
search
dispositive
opinion
hardly
clearer
point
separate
opinion
filed
justice
breyer
whose
vote
decisive
equally
unambiguous
see
concurring
opinion
apply
objector
present
object
ing
iii
case
petitioner
present
rojas
consented
petitioner
still
contends
randolph
controlling
advances
two
main
arguments
first
claims
absence
matter
since
absent
police
taken
away
second
maintains
sufficient
objected
search
still
present
objection
says
remain
effect
objecting
party
longer
wishes
keep
police
home
brief
petitioner
neither
arguments
sound
first
consider
argument
presence
objecting
occupant
necessary
police
responsible
absence
randolph
suggested
dictum
consent
one
occupant
might
sufficient
evidence
police
removed
potentially
objecting
tenant
entrance
sake
avoiding
possible
objection
believe
statement
read
suggest
improper
motive
may
invalidate
objectively
justified
removal
hence
govern
randolph
dictum
best
understood
require
inquiry
subjective
intent
officers
detain
arrest
potential
objector
instead
refer
situations
removal
potential
objector
objectively
reasonable
petitioner
acknowledges
see
brief
petitioner
fourth
amendment
cases
repeatedly
rejected
subjective
approach
brigham
city
alteration
internal
quotation
marks
omitted
indeed
never
held
outside
limited
contexts
search
administrative
inspection
officer
motive
invalidates
objectively
justifiable
behavior
fourth
amendment
king
slip
petitioner
claim
randolph
meant
break
consistent
practice
think
recognized
test
one
objective
reasonableness
petitioner
argument
collapses
contest
fact
police
reasonable
grounds
removing
apartment
speak
rojas
apparent
victim
domestic
violence
outside
petitioner
potentially
intimidating
presence
fact
even
contest
existence
probable
cause
place
arrest
therefore
hold
occupant
absent
due
lawful
detention
arrest
stands
shoes
occupant
absent
reason
conclusion
make
mockery
randolph
petitioner
protests
brief
petitioner
simply
accepts
randolph
terms
randolph
holding
unequivocally
requires
presence
objecting
occupant
every
situation
one
mentioned
dictum
discussed
brings
us
petitioner
second
argument
objection
made
threshold
premises
police
wanted
search
remained
effective
changed
mind
withdrew
objection
argument
inconsistent
randolph
reasoning
least
two
important
ways
first
argument
squared
widely
shared
social
expectations
customary
social
usage
upon
randolph
holding
based
see
explaining
consent
one
occupant
override
objection
physically
present
occupant
randolph
stated
fair
say
caller
standing
door
shared
premises
confidence
one
occupant
invitation
sufficiently
good
reason
enter
fellow
tenant
stood
saying
without
good
reason
sensible
person
go
inside
conditions
seems
obvious
calculus
hypothetical
caller
likely
quite
different
objecting
tenant
standing
door
objecting
occupant
standing
threshold
saying
stay
friend
visitor
invited
enter
another
occupant
expect
best
uncomfortable
scene
worst
violence
tries
brush
past
objector
objector
scene
especially
known
objector
return
course
visit
friend
visitor
much
likely
accept
invitation
thus
petitioner
argument
inconsistent
randolph
reasoning
second
petitioner
argument
create
sort
practical
complications
randolph
sought
avoid
randolph
recognized
adopting
formalis
tic
rule
interests
simple
clarity
administrability
rule
petitioner
us
adopt
produce
plethora
practical
problems
one
thing
question
duration
petitioner
argues
objection
made
last
withdrawn
objector
rule
unreasonable
suppose
husband
wife
owned
house
joint
tenants
husband
objecting
search
house
convicted
sentenced
prison
term
petitioner
proposed
rule
wife
unable
consent
search
house
years
date
husband
objected
refuse
stretch
randolph
strange
lengths
persuaded
hold
objection
lasts
reasonable
time
certainly
unusual
set
forth
precise
time
limits
governing
police
action
maryland
shatzer
interval
time
reasonable
context
week
month
year
ten
years
petitioner
rule
also
require
police
ultimately
courts
determine
whether
passage
time
objector
still
common
authority
premises
often
tricky
question
suppose
incarcerated
objector
consenting
joint
tenants
lease
objector
incarceration
stopped
paying
rent
still
common
authority
objection
retain
force
enough
name
remained
lease
result
different
objecting
consenting
lessees
oral
tenancy
another
problem
concerns
procedure
needed
register
continuing
objection
necessary
occupant
object
police
officers
door
presence
time
consent
needed
occupant
present
premises
objection
made
objection
made
person
like
scott
randolph
suspecting
estranged
wife
might
invite
police
view
drug
stash
paraphernalia
register
objection
advance
done
posting
sign
front
house
standing
objection
registered
serving
notice
chief
police
finally
question
particular
law
enforcement
officers
bound
objection
set
include
officers
present
objection
made
also
apply
officers
working
investigation
extend
officers
unaware
objection
officers
assigned
different
arguably
related
cases
limited
law
enforcement
agency
randolph
taken
word
applies
objector
standing
door
saying
stay
officers
propose
make
consent
search
problems
disappear
response
arguments
petitioner
argues
randolph
requirement
physical
presence
without
ambiguity
acknowledge
conclude
randolph
requires
presence
premises
searched
may
cases
outer
boundary
premises
disputed
confronted
similar
problem
last
term
bailey
despite
arguments
similar
offered
petitioner
adopted
rule
applies
affected
individual
near
premises
searched
held
premises
rule
workable
context
see
ground
reaching
different
conclusion
petitioner
argues
strenuously
expansive
interpretation
randolph
hamper
law
enforcement
cases
officers
probable
cause
arrest
physically
present
objector
also
probable
cause
search
premises
objector
want
enter
see
brief
petitioner
argument
misunderstands
constitutional
status
consent
searches
warrantless
consent
search
reasonable
thus
consistent
fourth
amendment
irrespective
availability
warrant
even
modern
technological
advances
warrant
procedure
imposes
burdens
officers
wish
search
magistrate
must
review
warrant
application
party
willing
give
consent
warrantless
search
justified
requiring
police
obtain
warrant
may
unjustifiably
interfer
legitimate
law
enforcement
strategies
king
slip
requirement
may
also
impose
unmerited
burden
person
consents
immediate
search
since
warrant
application
procedure
entails
delay
putting
exception
adopted
randolph
one
side
lawful
occupant
house
apartment
right
invite
police
enter
dwelling
conduct
search
rule
trample
rights
occupant
willing
consent
occupant
may
want
police
search
order
dispel
suspicion
raised
sharing
quarters
criminal
see
also
schneckloth
evidence
obtained
pursuant
consent
search
may
insure
wholly
innocent
person
wrongly
charged
criminal
offense
occupant
may
want
police
conduct
thorough
search
dangerous
contraband
found
removed
case
example
search
resulted
discovery
removal
shotgun
rojas
son
access
denying
someone
rojas
position
right
allow
police
enter
home
also
show
disrespect
independence
beaten
rojas
petitioner
bar
controlling
access
home
time
chose
relent
fourth
amendment
give
power
judgment
california
appeal
affirmed
ordered
scalia
concurring
walter
fernandez
petitioner
california
writ
certiorari
appeal
california
second
appellate
district
february
justice
scalia
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like
justice
thomas
believe
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search
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brief
national
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matlock
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walter
fernandez
petitioner
california
writ
certiorari
appeal
california
second
appellate
district
february
justice
thomas
concurring
join
opinion
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georgia
randolph
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walter
fernandez
petitioner
california
writ
certiorari
appeal
california
second
appellate
district
february
justice
ginsburg
justice
sotomayor
justice
kagan
join
dissenting
fourth
amendment
guarantees
people
right
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amendment
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se
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ante
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first
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payton
new
york
physical
entry
home
chief
evil
fourth
amendment
directed
internal
quotation
marks
omitted
case
police
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shared
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inconvenient
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ven
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shut
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missouri
mcneely
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allow
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state
statutes
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remotely
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means
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telephonic
radio
communication
electronic
communication
video
conferencing
see
also
brief
national
association
criminal
defense
lawyers
amicus
curiae
describing
california
procedures
electronic
warrant
applications
developments
view
dilution
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requirement
vigilantly
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although
police
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cause
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gain
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fourth
amendment
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mincey
arizona
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become
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upon
arrest
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warrant
entirely
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case
reason
contract
fourth
amendment
dominion
kentucky
king
ginsburg
dissenting
slip
therefore
reverse
judgment
california
appeal
footnotes
use
terms
occupant
resident
tenant
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persons
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meaning
matlock
see
matlock
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trial
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judge
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ante
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today
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ignore
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wilson
layne
see
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today
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police
enter
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matlock
police
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th
crime
presently
person
residence
brief
national
association
criminal
defense
lawyers
amicus
curiae
quoting
lafave
search
seizure
ed
observed
randolph
warrant
may
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police
upon
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arrest
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son
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rojas
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police
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told
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also
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felt
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police
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kids
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rojas
thus
maintained
felt
pressured
giving
consent
see
also
felt
like
minutes
rojas
acceded
officer
request
sign
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rojas
testified
want
sign
form
wanted
end
trial
found
rojas
testimony
suppression
hearing
believable
points
unbelievable
points
concluded
police
conduct
amount
duress
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trial
agreed
however
rojas
may
felt
pressured
ibid
see
generally
national
council
juvenile
family
judges
civil
protection
orders
guide
improving
practice
online
http
internet
materials
visited
available
clerk
case
file
epidemiology
prevention
injury
control
branch
california
statewide
policy
recommendations
prevention
violence
women
online
http