A few weeks ago the United States Supreme Court decided Lange v. California, 594 U.S. ___, ___ S. Ct. ___ (June 23, 2021), holding that the flight of a person suspected of a misdemeanor offense does not categorically justify an officer’s warrantless entry into a home. Today’s post reviews how Lange fits into the landscape of Fourth Amendment cases establishing when an officer may forcibly enter a suspect’s home without a warrant.
exigency
Supreme Court to Decide Whether Hot Pursuit Applies to Misdemeanors
In 2016, the North Carolina Court of Appeals held in State v. Adams, 250 N.C. App. 664 (2016), that law enforcement officers acted lawfully when, lacking a warrant, they chased a man suspected of driving while license revoked into his home where they arrested him. The court determined that because the officers were engaged in hot pursuit, they did not need to establish additional exigent circumstances such as immediate danger or destruction of evidence to justify forcibly entering the suspect’s home. This year, the United States Supreme Court is reviewing a California case raising the same issue: Does pursuit of a person who a police officer has probable cause to believe has committed a misdemeanor categorically qualify as an exigent circumstance sufficient to allow the officer to enter a home without a warrant? See Lange v. California, 141 S. Ct. 1617 (2020) (granting review of People v. Lange, No. A157169, 2019 WL 5654385 (Cal. Ct. App. Oct. 30, 2019) (unpublished)).
State Supreme Court Issues Significant Rulings on HGN Evidence and Blood Draws in DWI Cases
Two of last week’s opinions from the North Carolina Supreme Court address significant legal issues arising in impaired driving cases. In State v. Godwin, the supreme court reversed the court of appeals, holding that the trial court was not required to explicitly recognize a law enforcement officer as an expert witness before the officer could testify to the results of a Horizontal Gaze Nystagmus (HGN) test. In State v. Romano, the supreme court upheld the court of appeals’ determination that the withdrawal of blood from an unconscious impaired driving defendant violated the Fourth Amendment, notwithstanding a state statute authorizing this practice.
The DWI Year in Review, Part I
Don’t call the School of Government next week. We’ll all be out. Next week is conference-time for many of the court officials we serve, and we will be traversing the state (driving the speed limit at all times, of course) to speak at various legal conferences. Case updates are a perennial staple of these conference agendas, so I’ve been reviewing last year’s cases with a particular focus on impaired driving. A number of opinions address issues that are frequently litigated in DWI cases, so I thought I’d share the highlights with you in a two-part post. This post reviews the past year’s jurisprudence on implied consent testing and compelled blood draws. Tomorrow’s post will review the recent case law on reasonable suspicion and probable cause for DWI.
Four hour delay to obtain search warrant an exigency, at least for now
The court of appeals decided its first post-Missouri v. McNeely alcohol exigency case yesterday. The court in State v. Dahlquist determined that the four to five hours that the arresting officer estimated would have elapsed had he first traveled to the intake center at the jail to obtain a search warrant and then taken the … Read more
Supreme Court Weighs in on Nonconsensual, Warrantless Blood Draws in DWI Cases
The United States Supreme Court decided Missouri v McNeely yesterday, holding that in impaired driving investigations, the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant. The high court thus resolved the split among state courts regarding whether its … Read more
Kentucky v. King and the Officer-Created Exigency Doctrine
Yesterday, the Supreme Court decided Kentucky v. King, a case that addresses — actually, eviscerates — the officer-created exigency doctrine. The facts are as follows: Officers investigating possible drug crimes smelled an odor of marijuana emanating from an apartment door. They banged loudly on the door and announced their presence. They heard people moving inside … Read more
The Emergency Doctrine
A couple of recent cases got me thinking about the authority of the police to enter a home without a warrant when there is an emergency. First, the legal background. Generally, a warrant is required to enter a home without the consent of the occupants. Yet “a warrant is not required to break down a … Read more