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Abel Lopez Case Study

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Facts: In the early afternoon of October 12th, 2009, Abel Lopez was cashing his paycheck when the defendant, Walter Fernandez, approached him and asked him where he was from. Lopez responded that he was from Mexico, to which Fernandez laughed and said that he was in territory under control of the “D.F.S”. Fernandez then pulled out a knife and attacked Lopez, who held up his hand in self-defense and was cut on the wrist. Lopez was attempting to escape and call the police when Fernandez whistled and four accomplices appeared. The four of them beat Lopez and stole his phone and wallet, with about $400 in cash. This event was the precursor to the incident that has Constitutional issue. Two officers arrived on the scene shortly after, …show more content…
She was crying, had a bruise on her face and what appeared to be fresh blood on her shirt. When police asked what had happened and if anyone else was there with her, she said that she had been in a fight and that only her four-year-old was in the house with her and the baby. The police asked Ms. Rojas to come out of the apartment so the police could do a protective sweep of the building, at which point Mr. Fernandez stepped to the door and said "`You don't have any right to come in here. I know my rights.’” Suspecting that Mr Fernandez had assaulted Ms. Rojas, the police removed him from the apartment and proceeded to arrest him. Soon after Fernandez was taken into the police station, Abel Lopez, the victim of the earlier robbery, positively identified Fernandez as his …show more content…
We implore the Supreme Court to allow a cohabitant to give consent to enter a home if the objecting party is no longer present. Because Ms. Rojas let police enter her home, they found absolute evidence of Mr. Fernandez’s guilt and were able to put this violent gang member away. We believe that since Mr. Fernandez was not on the premises when police asked to enter the home, the precedent set in Randolph V. Georgia stating that a present cohabitant cannot give consent to police if an objecting tenant is present was not violated.

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