Washington-Wednesday’s Supreme Court refused to give police automatic authority to enter a house without a warrant while doing “enthusiastic pursuit” for misdemeanor, and drunk driving after slipping under the garage door He ruled a police officer who charged the man.
The case involved a Californian man who tried to pull more than 100 feet from his driveway by a police officer. Instead of stopping the car, the man ran the car into the garage and closed the door. Later, he claimed that he could not see the police car behind him. The policeman entered the man’s garage, asked him questions, and finally charged him with drunk driving.
The court’s ruling was unanimous, but some judges wrote consensus to provide separate legal grounds.
“Often police officers have good reason to enter to prevent imminent harm of violence, destruction of evidence, or escape from the house,” Associate Judge Elena Kagan wrote in court. “But when a policeman has time to get a warrant, he must do so, even if the malicious one escapes.”
Police generally need to have a warrant to enter someone’s house under the prohibition of Article 4 of the Constitutional Amendment on “Unjustified Search”. The court has granted an exception when police are “eagerly pursuing” a suspect who appears to have committed a felony. In the immediate case, police were able to point out only his failure to stop, a misdemeanor.
Just a while ago:Supreme Court discusses whether misdemeanor can step…