SUPPRESSION OF EVIDENCE

Issues

In this case the Supreme Court will determine if evidence obtained by wiretapping while investigators were outside the state where the authorizing judge sits is admissible in court. Petitioners Los and Roosevelt Dahda were arrested, charged, and convicted in a conspiracy to distribute over two thousand pounds of marijuana. Most of the evidence used against them was obtained by wiretapping phones. A judge in Kansas authorized the wiretap, including wiretaps both inside and outside Kansas. The Dahda brothers argue that the judge had no authority to authorize interception outside Kansas and that, therefore, the entire warrant is deficient under Title III of the Omnibus Crime Control and Safe Streets Act of 1968 and all the evidence obtained from wiretaps cannot be used against them at trial. The Government agrees that the warrant was overbroad, but claims that the warrant was not wholly deficient and thus the Government should be allowed to present the evidence obtained from wiretaps within Kansas. Much is at stake in this case: organizations supporting the Dahda brothers claim a ruling for the Government would undermine personal privacy. The Government disagrees, asserting that no privacy concerns are implicated.

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Issues

Court below: California 2nd District Court of Appeal

Walter Fernandez was a suspect in a robbery and police came to his apartment and asked for permission to search it. He refused to let them in and the police arrested him for the robbery and removed him from the apartment. A short time later, the police returned and got permission from Fernandez’s girlfriend to search the apartment. At trial, Fernandez moved to suppress the evidence found in his apartment because he claimed it was obtained as a result of an unreasonable warrantless search and seizure. The Supreme Court, in Georgia v. Randolph,has previously held that when one cotenant refused to consent to a search of the dwelling, the police could not immediately obtain consent from another cotenant. A key reason for that holding was that it provides a clear rule for law enforcement to follow in the field. Fernandez argues this his refusal to let police search his apartment remained in effect after his lawful arrest. California argues that the defendant needed to be present in order to override his girlfriend’s consent to the search. The outcome of this case will clarify both Georgia v. Randolph andlaw enforcement procedures when obtaining consent to search. 

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