Rollin' Like Sisyphus

A Man’s Home Is His Castle, So Long As He’s Home

Posted in The Fail Pail by Huckleberry on February 28, 2014

The lights are on, but nobody's home. Which means we can rifle through the drawers without a warrant.

The lights are on, but nobody’s home. Which means we can rifle through the drawers without a warrant.


So the Supreme Court pretty much just gave police cover to get around the whole “securing a warrant” thing to search someone’s home by removing him from the premises. In Fernandez v California, the great penumbra-hunters of our time concluded:

“Our opinion in Randolph took great pains to emphasize that its holding was limited to situations in which the objecting occupant is physically present,” he wrote. “We therefore refuse to extend Randolph to the very different situation in this case, where consent was provided by an abused woman well after her male partner had been removed from the apartment they shared.”

And yet Randolph was pretty much the exact same case, except police in that situation merely removed him from the threshold, while in Fernandez, they removed him from the threshold, then took him away, then came back to conduct the search. Other than the time it took to drive Fernandez down to the station, Randolph and Fernandez ARE THE EXACT SAME MOTHERFUCKING CASE.
The next leap will now be that any unoccupied residence is fair game for a warrantless search, because the occupant isn’t “physically present” to deny consent. This changes the entire paradigm, flipping consent to a search from something the police must obtain because it isn’t presumed to something that a suspect must explicitly deny in person otherwise that consent is assumed to exist in all situations. Keep in mind that Fernandez, when he was physically present, denied consent. Police removed him from the domicile, arrested him, then made another attempt to search the premises without a warrant, bullying the other occupant for consent THAT HAD ALREADY BEEN DENIED.
I hold this truth to be self-evident:
Fuck the Police.

Advertisements

2 Responses

Subscribe to comments with RSS.

  1. Doom said, on February 28, 2014 at 21:06

    When one only has a hammer, everything is a nail.

    Of course cops will try to sidestep the law, especially when they are actually right. It’s how they play the game, and were you a cop, you would be playing the same game… if you had half a brain.

    The problem, in this case, isn’t the cops. It’s the judiciary. And the judiciary is supposed to be kept in check by the legislative. And the legislative is supposed to be kept in check by the executive. And etc. As is, everyone is so busy sucking dick for their thirty pieces of silver that no one is checking anyone. It’s the system, lad, the whole fucking thing.

    Either force that genie back into the bottle or take the system down and rebuild. The first gives me a wood… but more from childhood flashbacks from a show. And, yes, you COULD see pubes if you sat close enough. Anyway…

  2. Doom said, on March 1, 2014 at 01:52

    Here is an example of why I don’t trust a lot of “innocent” folk out there. The commentary from where I found this (The Jawa Report) suggested, if the goblin had been black the cop would be in trouble, though, too, says way too much. Especially since it is true.


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: