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posted on 7/7/21

A police officer driving on the highway sees a driver honking his horn and playing his car stereo loudly, both of which are possible traffic infractions. The police officer followed the driver’s car, switching on the flashing lights. A few seconds later, the driver pulled into his driveway and entered his garage. The police officer parked and exited his car, then stuck his foot underneath the garage door to stop it from closing. The police officer did not have a search warrant. Did the police officer have a right to stop a suspect garage door from closing? According to a recent Supreme Court decision, the answer is “no.”

What Constitutes a “Hot Pursuit”?

Police officers can only enter a suspect’s home without a warrant when the officer is in “hot pursuit” of the suspect. In the case mentioned above, the Supreme Court expanded our protections under the Fourth Amendment, making it more difficult for officers to enter a suspect’s home without a warrant.

The lower court had held that the police officer in the case did justify entering the suspect’s home because he was in hot pursuit. The Supreme Court reversed that court’s decision. Writing for the majority, Justice Elena Kagan stated that the court is not eager to “print a new permission slip for entering the home without a warrant.” Lange v. California (2021).

The lower court ruled that pursuing a suspect because the police officers suspect he or she committed a misdemeanor justifies a police officer entering a home without a warrant. The Supreme Court disagreed. They affirmed that we must look at the totality of the circumstances to see if there is an emergency justifying a police officer entering a home without a warrant. The totality of the circumstances must show that if the police officer did not enter the home, there would be imminent harm to others. Some of the circumstances police officers should consider the following:

  • The nature of the crime
  • The nature of the flight from police officers
  • Surrounding facts that present an emergency

The Fourth Amendment Protects Us From Warrantless Searches

The Supreme Court pointed out that the common law has long held that our homes are our sanctuaries. Entering a person’s home without a warrant is attacking the person’s liberty and destroying our country’s liberty. When a police officer has time to get a warrant without someone being in imminent danger, the officer must do so even if the person suspected of a misdemeanor has fled the scene.

Have Your Rights Been Violated? Contact a Criminal Defense Lawyer Today

Have police officers searched your home without a warrant, violating your rights? If so, you need an experienced lawyer. At Glasgow & Olsson, our award-winning criminal defense lawyers have a proven track record of success in many high-profile state and federal criminal cases. Contact Glasgow & Olsson today to schedule your initial consultation to learn how our experienced legal team can fight for your rights.