One of the ironies of law is that it is sometimes
necessary, for the upholding of sacred principle, to disculpate a scumbag in the prosecution of his scumbaggery. Thus, the Supreme Court will rule soon if a shotgun, held
to the heads of California citizens by Walter Fernandez so as to relieve them of their lawful goods, money and chattels, may be adduced as evidence to remand the aforementioned felon to an extended stay in a sunny Golden State prison.
While searching a neighborhood, LA cops knocked on Fernandez's door. He was, at the moment, rearranging his girlfriend's face into bloody hamburger. The cops rudely interrupted, then arrested him for domestic battery. They asked to search the place; Fernandez said no.
Once Walter was jugged, the popo returned and asked again. This time, the no-longer-hemorrhaging girlfriend said, "Come on in!" Cops recovered the shotgun, ammo and knife Walter used for his robberies. A judge tagged onto his sentence an additional 14 years, during which he will get to worry each day if an MS-13 banger will stick a shiv in his guts, then stir.
The point is this: Fernandez was a lawful tenant. He refused a search. The cops then entered, searched and seized without a warrant. If the state persuades the court that other people, who are neither co-owners nor tenants of your home, can waive your Fourth Amendment rights, we're cooked.
If a girlfriend or boyfriend can waive your rights, who else can? The plumber, the kids, some yob you let watch your tube because his flat screen's on the fritz? There's no end to this.
It gets worse. In Massachusetts, lawmakers, in their concurrent, consensual and concupiscent wisdom, want to authorize cops to make no-warrant, no-knock raids any time 24/7 in order to check if you have lawfully secured your lawful firearm in its lawfully mandated childproof box.
"Just checking, sir and ma'am. Got to protect the children. You can go back to sleep now."
In Washington state, legislators … More