Los Angeles Police Search To Be Reviewed By Supreme Court
A brief written by Professor Jeffrey Fisher in Walter Fernandez v. California is cited by the Los Angeles Times in which Fisher writes about the impact the case could have on 4th Amendment rights when it comes to home searches.
A 2009 police search of a Los Angeles gang member's home will be examined Wednesday by the Supreme Court in a case that could further define Americans' 4th Amendment protections.
The case of Walter Fernandez vs. California is the latest requiring the court to determine when police may enter and look around a home without a search warrant.
Stanford law professor Jeffrey Fisher will argue for Fernandez. He says the court should not weaken the 4th Amendment right against home searches. “A person who is removed from his home against his will retains the same privacy interest in his home as when he was present,” he wrote in his brief to the court. He also argues that the Los Angeles police could have secured the apartment and then obtained a search warrant from a magistrate.