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FERNANDEZ v. CALIFORNIA

Docket No.: 12-7822
Certiorari Granted: May 20 2013
Argued: November 13, 2013

Topics:

Fourth Amendment, privacy, probable cause, property rights

PartyNames: Walter Fernandez v. California
Petitioner: Walter Fernandez
Respondent: California

Court Below: Court of Appeal of California, Second Appellate District
Citation: 208 Cal.App.4th 100
Supreme Court Docket

Walter Fernandez
v.
California
Question Presented:

Proper interpretation of Georgia v. Randolph, 547 U.S. 103, 126 S.Ct. 1515, 164 L.Ed.2d 208 (2006), specifically whether a defendant must be personally present and objecting when police officers ask a co-tenant for consent to conduct a warrantless search or whether a defendant's previously-stated objection, while physically present, to a warrantless search is a continuing assertion of 4th Amendment rights which cannot be overridden by a co-tenant.

FERNANDEZ v. CALIFORNIA
ORAL ARGUMENT

November 13, 2013

Listen to Oral Argument in FERNANDEZ v. CALIFORNIA

FERNANDEZ v. CALIFORNIA
Case Documents

1FERNANDEZ v. CALIFORNIA Oral Argument Transcript (PDF)
2FERNANDEZ v. CALIFORNIA Oral Argument Audio