On November 13, 2013, the Supreme Court heard oral argument in Fernandez v. California. The question at issue is whether a defendant must be physically present to successfully object when a co-tenant gives permission to police officers to conduct a warrantless search, or whether the defendant's previously stated objection to a warrantless search, while physically present, is a continuing assertion of Fourth Amendment rights that cannot later be overriden by the co-tenant.
To discuss the case, we have Elina Treyger who is an Assistant Professor of Law at the George Mason University School of Law.
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