The court appears to rule a person with "common authority" of property may consent to a search even after the objection of another person with "common authority" of the property, provided the objecting party is no longer present and even if the objecting party is not present due to their lawful detention or arrest by law enforcement.
"We therefore hold that an occupant who is absent due to a lawful detention or arrest stands in the same
shoes as an occupant who is absent for any other reason." (Page 10)
CAUTION: Officers should not abuse this authority by creating the absence of the objecting party only for the purpose of furthering their ability to gain consent to search. The authority under Fernandez hinges on the lawful detention or arrest. It appears that infers if the court would later determine the detention or arrest was unlawful, the search would also likely be unlawful. That suggests an arrest or detention that would otherwise not have been made should not be used to create the absence of the objecting party.
Law and Order Article on this decision.
See Case Law Warnings an