Supreme Court Ruled The 4th Amendment No Longer Applies to Police.
The US Supreme Court (USSC) has ruled another devastating blow against freedom and the 4th Amendment, including the Bill of Rights.
The ruling made by the US Supreme Court on Tuesday (February 25, 2014) says police don’t need a warrant to search your property. As long as two occupants disagree about allowing officers to enter, and the resident who refuses access is then arrested, police may enter the residence. In other words, the US Supreme Court has ruled that police officers may enter and search a home without a warrant as long as one of the occupants agrees to the search.
In 2009, Walter Fernandez, a Los Angeles resident, was arrested and removed from his residence. During the incident, Fernandez refused police entry into his home as a violation of his 4th Amendment rights because the officers did not have a warrant.
Once Fernandez was in custody, the police returned to his residence and searched anyway. Their findings became evidence in the prosecutor’s case against Fernandez.
Based on the findings and previous rulings in Fernandez’ case, the USSC ruled that the police had a lawful right to search his home and Fernandez was in the wrong in having prevented that police from doing so during his arrest.
Justice Samuel Ailto, author of the decision, explained that: “A warrantless consent search is reasonable and thus consistent with the 4th Amendment irrespective of the availability of a warrant. Even with modern technological advances, the warrant procedure imposes burdens on the officers who wish to search [and] the magistrate who must review the warrant application.”
Dissenting Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan wrote that the court was at fault for having a weak requirement for obtaining a search warrant.
Ginsberg pointed out: “Instead of adhering to the warrant requirement, today’s decision tells the police they may dodge it.”