Washington — Police do not have unlimited authority to enter the house without a warrant in pursuing a suspected minor crime, the U.S. Supreme Court said on Wednesday while a California driver was listening. In music, he was sentenced to a case where a policeman chased his house for ringing a horn.
By refusing to support a broader interpretation of police power, the judge has challenged the conviction of drunk driving after a California Highway Patrol police officer entered the garage without a warrant and drunk driving. I handed the driver, Arthur Lange, a victory.
The court sent the case back to the California Court of Appeals in a 9-0 decision prepared by liberal judge Elena Kagan. The judge dismissed the lower court’s finding that warrants were not needed under any circumstances that police were tracking, even if the alleged crime was minor.
“The escape of a suspected contempt does not necessarily justify entering an unjustified home,” Cagan wrote.
“Police officers must consider all situations in the follow-up case to determine if there is a law enforcement emergency,” Kagan added.
The judges were unanimous in revoking the lower court’s ruling, but there were some disagreements between them regarding the law. Judge John Roberts, in another opinion with the addition of conservative Judge Samuel Alito, allows police to complete the arrest while pursuing someone, even if the suspect enters the house. I wrote that it should be.
“The Constitution does not require this ridiculous and dangerous result. We should not impose it,” Roberts wrote.
Lange was confronted in the garage by Officer Aaron Weikert in 2016. The ruling did not explicitly resolve whether the evidence of the drinking test could be used against Lange, who claimed to have been obtained in violation of the prohibition of unjustified search and seizure in Article 4 of the US Constitutional Amendment. ..
The ruling was issued in recent years after some attention-grabbing cases related to law enforcement actions were followed by increased oversight of the use of police and force in the United States. Last year, protests against police atrocities and racism broke out in many cities.
After observing Lange driving and honking his horn, Wykart began chasing him and intended to stop him for violating local noise regulations. ..
Lange was already on his driveway when the police caught up with him and turned on his emergency lights. While Lange was driving his car into the garage, Wykart pulled him into the driveway. Lange later said he was unaware that the police were following him.
The garage door was just about to close when Weikert stabbed his foot under the door and prevented it from closing.
Weikert said he smelled alcohol and ordered Lange to take a drinking test. Lange was found to have more than tripled the statutory limit and was charged with drunk driving (Drunk driving) And noise violations.
The lower court ruled against Lange, seeing the case as a “hot pursuit” that allowed unjustified intrusion.
Lange did not challenge the crime of drunk driving and was sentenced to 30 days in prison and 3 years of probation.
The California Court of Appeals in 2019 upheld Lange’s conviction. Lange then asked the Supreme Court to rule that if the underlying act constitutes a misdemeanor, police officers cannot circumvent the requirements of the warrant when chasing someone home.
The Supreme Court case allows police officers to enter the house without a warrant if they are tracking a felony suspect.
The Supreme Court ruled 9-0 against police and chasing drivers
Source link The Supreme Court ruled 9-0 against police and chasing drivers