The Supreme Court on Wednesday said that unless there is an emergency, police must evaluate on a case-by-case basis whether officers need a warrant before pursuing an individual suspected of committing a minor offense into his home.
Justice Elena Kagan wrote the opinion. The justices were unanimous in the result but differed on the reasoning.
“The flight of a suspected misdemeanant does not always justify a warrantless entry into a home. An officer must consider all the circumstances in a pursuit case to determine whether there is a law enforcement emergency,” Kagan wrote. “On many occasions, the officer will have good reason to enter — to prevent imminent harms of violence, destruction of evidence, or escape from the home. But when the officer has time to get a warrant, he must do so — even though the misdemeanant fled.”
A lower court decision had held that no warrant was ever required in such a circumstance.
She added: “Because the California Court of Appeal applied the categorical rule we reject today, we vacate its judgment and remand the case for further proceedings not inconsistent with this opinion.”
This story is breaking and will be updated.
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Source: Orange County Register
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