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WASHINGTON (CN) Holding arguments in a case where what happened is about as strange as any hypothetical, Justice Stephen Breyer still provided plenty of seemingly ridiculous reasons in which the law might let a police officer enter someone’s home without a warrant.
How about if California law prevents you from selling or giving away a rabbit for a lottery prize?
“You can think of about 50 of those when you start to get into misdemeanors,” Breyer said Wednesday. “It seems like your home isn’t your castle for terribly minor things.”
On the other hand, Breyer said, “we lose the benefits of a bright line where hot pursuit is really serving an important purpose.”
U.S. Supreme Court appears tilted toward allowing some searches without warrants
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The Supreme Court seemed likely to allow police to enter a home without a warrant if they are pursuing a suspect, even for a minor crime, and the suspect continues to flee.Graeme Sloan / TNSShow MoreShow Less
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The Supreme Court is weighing when a police officer can pursue a person into their home.Samuel Corum / Getty Images / TNSShow MoreShow Less
Hearing a case from Sonoma County, the U.S. Supreme Court seemed likely Wednesday to allow police who are pursuing a suspect, even for a minor crime, to enter a home without knocking or seeking a warrant.
The case pits the Fourth Amendment right to privacy in the home against the interest of public safety in capturing fleeing suspects.
The legal battle began in 2016. Mr. Lange was driving home one evening, blaring his music and honking the horn. Both are considered traffic violations in California.
An officer followed Mr. Lange for a while without sounding his siren or lights. Once Mr. Lange turned onto his residential street, the officer turned on the flashing lights but no siren as Mr. Lange entered his driveway.
Mr. Lange, who says he didn’t see the officer pursuing him, pulled into the garage and attempted to close the door. The officer got out of the cruiser and used his foot to trip a sensor that stopped the garage door from closing.