The Fourth Amendment generally requires police officers to get a warrant before entering a home. The Supreme Court has recognized an exception to that rule for emergencies, such as when the police are in hot pursuit of a suspect. The U.S. Supreme Court granted cert on Monday to decide whether that exception applies when police are pursuing a suspect whom they believe committed a misdemeanor.
The case involves Arthur Lange, a California man who sought to suppress evidence of alcohol on his breath that led an officer to charge him with driving under the influence. After Lange pulled into his garage, the officer – who had turned on his overhead lights but did not use his siren as Lange approached his house – entered the garage by putting his foot under the garage door to block it from closing. When he spoke to Lange, the officer said that he could smell alcohol on his breath, and Lange was charged with driving under the influence. Lange was convicted of DUI after his motion to suppress was denied.
The National Association of Criminal Defense Lawyers and California Attorneys for Criminal Justice filed an amicus brief urging the court to take the case.
The case is Lange v. California , U.S., No. 20-18.