Roommate vs. roommate: Supreme Court considers police searches

The case, which stems from a gang-related robbery in California, could have broad implications for anyone living in an apartment, and potentially create new state guidelines for police officers investigating crimes. The decision could also settle disagreements on searches between state and federal courts in California, Colorado, Wisconsin, New York, Michigan, Oregon and the District of Columbia.

On October 12, 2009, the Los Angeles Police got a tip that Walter Fernandez, a suspected member of a gang known as the Drifters, had assaulted another man and had fled back to his apartment. When officers got to the apartment, they heard screaming and fighting through the front door.

The officers knocked and Roxanne Rojas, Fernandez’s girlfriend, answered the door, holding a baby and looking bruised and bloodied. Police asked her if anyone else was at home and if they could search the apartment. Fernandez stepped forward and refused the search.

Police arrested Fernandez for the gang assault and left Rojas and her son to recover. About an hour later, after Fernandez had been taken away, one of the officers went back to Rojas, told her Fernandez had been arrested and asked one more time if they could search the apartment. Rojas said yes and signed an affidavit.

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