Current Supreme Court Cases Essay Example | Topics and Well Written Essays - 500 words

Current Supreme Court Cases - Essay ExampleShe had an infant in her hands and with the nature of the situation plus the sign occurrences the officers asked her if they could conduct a safety search(Russell 1). However, Fernandez was quick to object claiming that he knew his rights. The officers brought Fernandez into custody under the suspicion he was behind Roxannes assault. After identification as one of the perpetrators from the gang robbery, the police accompanied him to the police station. Later on, one of the officers returned to the premises and obtained Roxannes consent to search the apartment(Russell 1). The search brought out new proof that linked Fernandez to the violent robbery.In court, Fernandezs motion to subdue the proof from the second search did not influence his case. The Georgia v. Randolph case chiefly influenced Fernandezs motion since the digest judgment held that where there is physical presence of co-tenants and one objects the polices consent while the ot her agrees the police have no option but to respect the objection. Justices Alito, Ginsburg, Kagan, Sotomayors and the Chief Justice were against were against any motions filed with Randolph case as the basis hence agreed with the final decision(Russell 1). However, Fernandez has four votes from Justices Breyer, Kennedy, Scalia and Karlin who supported the Randolph summary judgment with the argument that the police officers went against the law by first taking into custody the objecting party and coming back to obtain consent of other co-tenant. Nonetheless, the calcium Court of Appeals affirmations held that Fernandez was not physically present when Roxanne gave consent of the search. Typically, the application of Georgia v. Randolph as advocated for by Jeffrey Fisher (Fernandezs lawyer) was not discerning enough to make any exceptions particularly because one of the opposing justices invoked that his expression only depicted insightful disrespect towards Roxanne who wanted