Legal Opinion · Concurrence

Fernandez v. California

Supreme Court of the United States

Decided February 25, 2014No. 12-7822Published

1ConcurrenceJustice Scalia

Like Justice THOMAS, I believe Georgia v. Randolph, 547 U.S. 103, 126 S.Ct. 1515, 164 L.Ed.2d 208 (2006), was wrongly decided. I nonetheless join *308the Court's opinion because it is a faithful application of Randolph . I write separately to address the argument that the search of petitioner's shared apartment violated the Fourth Amendment because he had a right under property law to exclude the police. See Brief for National Association of Criminal Defense Lawyers as Amicus Curiae 17-23. The United States dismisses that argument, pointing to our statement in United States v. Matlock, 415 U.S.…

2Cases cited7 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. United States v. MatlockSupreme Court of the United States · 1974
  3. Florida v. JardinesSupreme Court of the United States · 2013
  4. United States v. JonesSupreme Court of the United States · 2012
  5. Georgia v. RandolphSupreme Court of the United States · 2006

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