Fernandez V. Cafolifornia Summary

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INTRODUCTION
The case of Fernandez v. California seeks to determine whether the Constitutional rights of Fernandez were violated under the fourth Amendment when law enforcement conducted a pursuit of his dwelling upon obtaining consensus from his girlfriend, who was a co-tenant, when Fernandez was taken in custody and had identified his objections to the search while at the scene. Peoples' rights to be secure in their houses and effects, in the wake of unreasonable search and confiscations, will not be dishonored, and no warrants will be issued, but upon likely cause, supported by affirmation or oath, and mainly relating the residence to be searched, and the things or persons to be seized.

STATEMENT OF THE CASE

Petitioner Fernandez was charged with committing the offenses of robbery, infliction of corporal injury on a cohabitant, ownership of a hidden weapon, felon in custody of a firearm, and felon in possession of ammunition. With regard to the robbery offense, it was alleged that a knife was used during the commission of the offense. As per all counts, except infliction of corporal injury on a cohabitant, it was held that crimes were carried out for the farewell of a street gang and the petitioner served three prior prison terms. On October 8, 2010, petitioner begged no contest to counts 3 through 5, and then the gang accusation was stricken as to those counts. As to the robbery offense, the jury found true both the allegation that Fernandez used a knife in the commission of the crime and the gang related allegation. On March 11, 2011, Fernandez was convicted to a term of 14 years. The court imposed a 14 years term on count of robbery, entailing the 3 years middle term, plus a term of 10 years for the gang enhancement and ...

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...s home does not lose his right simply because he is absent at the moment the outsider obtains permission from a co-tenant. Whether viewed through the lens of property law or common sense, the result is the same: The prior objection of one co-tenant renders a later invitation from another ineffective. Especially when the objecting tenant was forcibly removed from the property and the remaining tenant is coerced into consenting a search. This case stands to open the door for increased police abuses and violations of the constitutional rights of the American people. Instead of complying with warrant regulations, police will be given the necessary tools to evade their requirements. By no means should police be able to perform a search simply by removing an objecting suspect from his or her home. Therefore the verdict of the California Court of Appeal should be reversed.

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