Cja/354 Week 1

Criminal Law Paper

Crystal Robinson

Criminal Law

April 4, 2014

Eric Winch

Within the criminal justice system there are 75-80 cases a year that are seen by the supreme court. In February of 2014 a case was seen in the supreme court. The case was Fernandez v. California. This case has to do with consent to with who can give the police consent to search a home. A man was removed from the home that he shared with a woman. The man objected to the search of his home. He was arrested and taken from the home by police, which allow for the woman he was living with to give consent. The woman gave her consented to the home being searched. The man did not feel that his home should have been searched because he did not give permission to the police.

This case is interesting because it discusses when an individual is allowed to give the police access to their residence. There are many people in the United States who reside with other individuals, not to mention people who have children. This case shows who is allowed to give permission and when. This case tells individuals that permission can be given by any permanent resident of a home as long as not members of the home that are physically there object.

It is always hard for the police to know if they can search a home. It is important that the police know who resides in the home before they get permission to search the home. If the police get permission to search a home from someone who does not reside at that residence then the search is invalid. The police have a hard job and making sure that they follow the law when searching homes is important. Searching a home can be an important part of an investigation, which mean known when permission can be given is essential.

When this case was review it was referenced that the case Georgia v. Randolph had relevance. This is a case that discusses the consent an individual can give when both individuals that live in a home are present. This case states...