Fernandez v. California Case Brief

Facts of the Case

“Police officers observed a suspect in a violent robbery run into an apartment building and heard screams coming from one of the apartments. They knocked on the apartment door, which was answered by Roxanne Rojas, who appeared to be battered and bleeding. When the officers asked her to step out of the apartment so that they could conduct a protective sweep, petitioner Walter Fernandez came to the door and objected. Suspecting that he had assaulted Rojas, the officers removed Fernandez from the apartment and placed him under arrest. He was then identified as the perpetrator in the earlier robbery and taken to the police station. An officer later returned to the apartment and, after obtaining Rojas’ oral and written consent, searched the premises, where he found several items linking Fernandez to the robbery. At trial in California state court, Fernandez filed motion to suppress that evidence, which was denied by the trial Court. Fernandez pled nolo contendere to the firearms and ammunition charges