In many places, the police can enter your home without a warrant in pursuit of a fleeing suspect.
Under the Fourth Amendment of the United States Constitution, law enforcement officers are not permitted to enter your home or search you or your property without a warrant, which must be based on probable cause. However, the Supreme Court has carved out a number of exceptions to the warrant requirement, such as exigent circumstances. Under this doctrine, the police may conduct a warrantless search or seizure if an emergency justifies it. The classic case of exigent circumstances is when the police hear someone screaming for help from inside of a house and break into the home to assist them. This type of warrantless search is justified on the basis that person may be injured or even killed before the police can get a warrant.
Another exception to the warrant requirement is “hot pursuit.” According to a criminal defense attorney in Santa Ana, CA, the hot pursuit exception allows the police to enter a house without a warrant if they are chasing someone suspected of committing a crime. The issue is currently before the Supreme Court to clarify an important issue: are the police allowed to use the hot pursuit exception if they are chasing a suspect accused of a misdemeanor crime?
In California, there are two basic levels of criminal offenses. Felonies are more serious crimes, and often involve some degree of violence. By contrast, misdemeanor offenses are less serious, although they may also involve violence. For example, rape is a felony, while simple drug possession is a misdemeanor.
Under current law, law enforcement in some jurisdictions can pursue fleeing suspects who are alleged to have committed a misdemeanor — and can enter into someone’s home to find that suspect without a warrant. The Supreme Court has ruled that police can conduct this type of hot pursuit without a warrant when someone is suspected of committing a felony offense, but not for minor traffic violations. The current case will decide whether the police are permitted to use the hot pursuit exception for misdemeanor offenses.
As a criminal defense attorney in Santa Ana, CA can explain, this decision will be incredibly important in the United States, as most criminal offenses are misdemeanors. If the Supreme Court decides that this exception cannot be applied in misdemeanor cases, then the police won’t be able to enter your house without a warrant to catch someone who may have committed a misdemeanor.
For example, you are sitting at home one night when your grandson bursts through the front door and runs to a bedroom. Soon thereafter, the police run through the door, looking for your grandson, who they believe has purchased cocaine for his personal use — a misdemeanor offense. If the Supreme Court rules that this type of pursuit isn’t allowed, then the police won’t be able to enter your house without a warrant or your permission. Instead, they will be required to obtain a warrant or find another way to arrest your son.
At the Chambers Law Firm, we stay on top of developments in criminal law so that we can more effectively advocate for our clients. If you have been charged with a crime, we can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a consultation with a criminal defense attorney in Santa Ana, CA.
