SUPREME COURT RULING EXPANDS POLICE AUTHORITY IN HOME SEARCHES

The Supreme Court decision, based on a Los Angeles case, says officers may search a residence without a warrant as long as one occupant consents.

By David G. Savage
8:16 PM PST, February 25, 2014

WASHINGTON — Police officers may enter and search a home without a warrant as long as one occupant consents, even if another resident has previously objected, the Supreme Court ruled Tuesday in a Los Angeles case.
The 6-3 ruling, triggered by a Los Angeles Police Department arrest in 2009, gives authorities more leeway to search homes without obtaining a warrant, even when there is no emergency.
The majority, led by Justice Samuel A. Alito Jr., said police need not take the time to get a magistrate's approval before entering a home in such cases. But dissenters, led by Justice Ruth Bader Ginsburg, warned that the decision would erode protections against warrantless home searches. The court had previously held that such protections were at the "very core" of the 4th Amendment and its ban on unreasonable searches and seizures.
The case began when LAPD officers responded to reports of a street robbery near Venice Boulevard and Magnolia Avenue. They pursued a suspect to an apartment building, heard shouting inside a unit and knocked on the door. Roxanne Rojas opened the door, but her boyfriend, Walter Fernandez, told officers they could not enter without a warrant.
"You don't have any right to come in here. I know my rights," Fernandez shouted from inside the apartment, according to court records.
Fernandez was arrested in connection with the street robbery and taken away. An hour later, police returned and searched his apartment, this time with Rojas' consent. They found a shotgun and gang-related material.
In Tuesday's decision, the high court said Fernandez did not have the right to prevent the search of his apartment once he was gone and Rojas had consented.
In the past, the court has frowned upon most searches of residences except in the case of an emergency or if the police had a warrant from a judge.
But Alito said police were free to search when they get the consent of the only occupant on site.
"A warrantless consent search is reasonable and thus consistent with the 4th Amendment irrespective of the availability of a warrant," he said in Fernandez vs. California. "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."
He also said Rojas, who appeared to have been beaten when police first arrived, should have her own right to consent to a search. "Denying someone in Rojas' position the right to allow the police to enter her home would also show disrespect for her independence," Alito wrote for the court.
Justices Sonia Sotomayor and Elena Kagan joined Ginsburg in dissent and faulted the court for retreating from the warrant rule.
"Instead of adhering to the warrant requirement, today's decision tells the police they may dodge it," Ginsburg said.
She noted that in 2006, the court had ruled in a Georgia case that a husband standing in the doorway could block police from searching his home, even if his estranged wife consented. In Tuesday's opinion, the majority said that rule applied only when the co-owner was "physically present" to object.
The voting lineup seemed to track the court's ideological divide and its gender split, with male and female justices taking opposite sides. The six men — Chief Justice John G. Roberts Jr. and Justices Antonin Scalia, Clarence Thomas, Stephen G. Breyer, Anthony M. Kennedy and Alito — voted to uphold Rojas' consent to the search. The court's three women would have honored Fernandez's objection.
Fernandez was later convicted for his role in the street robbery and sentenced to 14 years in prison. After the California Supreme Court upheld his conviction, he appealed to the U.S. Supreme Court challenging the search of his apartment.

Question:

You are on the Supreme Court and have to vote on this case. How would you vote? Why? Answer in at least fifty words.

Firefighters in Tennessee let a home burn to the ground because the owners did not pay a $75 fire subscription fee.
WPSD-TV's Jason Hibbs reports.
By MSNBC.com staff and WSMV-TV

SOUTH FULTON, Tenn. -- Firefighters stood by and watched a Tennessee house burn to the ground earlier this week because the homeowners didn't pay the annual subscription fee for fire service.

"You could look out my mom's trailer and see the trucks sitting at a distance," Vicky Bell, the homeowner, said. For Bell, that sight was almost as disturbing as the fire itself. "We just wished we could've gotten more out," she said.

It's the second time in two years firefighters in the area have watched a house burn because of unpaid fees. Last year, Gene Cranick of Obion County and his family lost all of their possessions in a house fire, along with three dogs and a cat, because the fire fee wasn't paid.

People in the city of South Fulton have fire protection, but those in the surrounding county do not unless they pay a $75 annual fee. The city makes no exceptions.

"There's no way to go to every fire and be able to keep up the manpower, the equipment, and just the funding for the fire department," said South Fulton Mayor David Crocker. Crocker said that by now, everyone should know about the city's fire policy. "After the last situation, I would hope that everybody would be well aware of the rural fire fees, this time," he said.

In a nearby county, rural homeowners can purchase a $110 subscription to cover fires, but they can also pay on the spot for fire protection: $2,200 for the first two hours firefighters are on the scene and $1,100 for each additional hour, according to dailytimes.com.

Bell and her boyfriend said they were aware of the policy, but thought a fire would never happen to them.

The city has received a lot of criticism over its policy, but has refused to change it.

Question:

Should firefighters let houses burn if the owners have not paid their annual fee for fire service? Answer in at least fifty words.