Recently, the United States Supreme Court issued a ruling in Fernandez v. California that further chipped away at citizens' Fourth Amendment rights, including those in West Virginia. In a six-to-three vote, the Court determined that police could search a house without a warrant, even if the suspect objected, as long as the suspect is not presently on the scene and the co-tenant gives consent.

In Fernandez v. California, police officers saw a suspect in a violent robbery run into an apartment building, which was followed by screams from one of the apartments. The officers knocked on the apartment door, which was answered by Roxanne Rojas. Rojas appeared to be battered and bleeding.

When the officers requested that she step out of the apartment in order for them to conduct a protective sweep, Walter Fernandez appeared and objected to their entry. The police officers suspected that Fernandez was the one who beat Rojas and placed him under arrest. Later, Fernandez was identified as the one involved in the robbery and taken to the police station.

One of the police officers then returned to the apartment and obtained Rojas's oral and written consent to conduct a search. During the search, the officer discovered many items that linked Fernandez to the robbery. Fernandez attempted to have that evidence suppressed, but the trial court denied it, and Fernandez was later convicted.

Fernandez appealed, and the California Court of Appeal affirmed. The Court of Appeal stated that because Fernandez was not present when Rojas consented to the search, an exception that arises when one of the joint tenants objects to their home being searched without a warrant does not apply. Fernandez later petitioned the United States Supreme Court.

Writing for the Supreme Court majority, Justice Samuel Alito noted that as a rule, jointly occupied premises may be searched if the consent of just one of the tenants was "firmly established," even if the other tenant was nearby and in a position to be asked to give consent. If both tenants were required to give their approval, then lawful occupants would be prevented from inviting police officers into their homes to conduct searches under similar circumstances.