Fernandez v. California

Fernandez v. California
Supreme Court of the United States
Argued November 13, 2013 Decided February 25, 2014
Full case name	Walter Fernandez, Petitioner v. California
Docket no.	12–7822
Citations	571 U.S. ___ (more)
Holding
When a resident who objects to the search of his dwelling is removed for objectively reasonably purposes (such as lawful arrest), the remaining resident may validly consent to search.
Court membership
Chief Justice John Roberts Associate Justices Antonin Scalia · Anthony Kennedy Clarence Thomas · Ruth Bader Ginsburg Stephen Breyer · Samuel Alito Sonia Sotomayor · Elena Kagan
Case opinions
Majority	Alito, joined by Roberts, Scalia, Kennedy, Thomas, Breyer
Concurrence	Scalia
Concurrence	Thomas
Dissent	Ginsburg, joined by Sotomayor, Kagan
Laws applied
U.S. Const. amend. IV

Fernandez v. California was a 2014 U.S. Supreme Court case that explored the limits of Georgia v. Randolph, a 2006 case that held that consent to search a dwelling is invalid in the presence of an objecting co-resident. Fernandez, however, held that when the objecting co-resident is removed for objectively reasonably purposes (such as lawful arrest), the remaining resident may validly consent to search.