Judges say police must assume twice earlier than pursuing a suspect with out an arrest warrant

However, the judiciary has failed to establish guidelines for prosecuting a person suspected of committing a minor offense.

The Supreme Court has ruled that, unless there is an emergency, the police must decide on a case-by-case basis whether an escaping suspect will be pursued into his own home without an arrest warrant.

According to CNN, the unanimous decision was drafted by Judge Elena Kagan.

While the bank agreed that officials should exercise restraint in prosecuting people suspected of having committed minor offenses, they disagreed on their justifications.

“The escape of a presumed administrative offense does not always justify entering an apartment without principle. An officer must consider all the circumstances of a prosecution case to determine if there is a law enforcement emergency, ”Kagan wrote. “In many cases the officer has good reasons to step in – to prevent impending violent damage, the destruction of evidence or the escape from the house. But if the officer has time to get an arrest warrant, he must do so – even if the offense has fled. “

The Supreme Court building. Photo by Mark Thomas, courtesy of Pixabay.

However, Chief Justice John Roberts, along with Judge Samuel Alito, believed that the police should normally be able to pursue a single suspect into the suspect’s home without first obtaining an arrest warrant.

Despite taking the side of their colleagues, Roberts and Alito felt that Kagan’s judgment would make it difficult for police officers to do their jobs effectively.

CNN notes that a lower court had previously ruled that law enforcement agencies would never need an arrest warrant in such circumstances.

“Because the California Court of Appeals applied the categorical rule that we oppose today,” Kagan wrote, “its judgment will be overturned and the case will be remitted for further trial that does not contradict that opinion.”

The case, adds CNN, relates to a “hot pursuit” that took place in 2016. A California street policeman watched a driver play loud music and honk for no reason.

Officer Aaron Weikert then followed the car driven by Arthur Lange.

When Lange pulled into his driver, the officer activated the lights of his vehicle – but instead of stopping, Lange drove into his garage and then tried to close the door. Weikert was able to intercept the door before it closed. Then he confronted Lange; Believing he was drunk, he took a sobriety test and then accused Lange of driving while drunk.

In court, Lange’s attorney – Jeffrey Fisher – told the bank that the lower court’s decision to enter without a warrant was wrong because “the state’s interest in committing minor offenses is not always, or even usually, strong enough to prevent unauthorized entry by judicial officers.” House to support ”. Only “concrete” emergencies, Fisher said, allow the police to enter a house without first receiving an arrest warrant.


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