A decision on hot pursuit is made by the Supreme Court.
In June, the Supreme Court of the United States handed down a decision that has since become a legal standard bearer in the field of criminal defense. When deciding whether or not to pursue someone for a misdemeanor offense, the court basically said that officers’ actions will depend on the specifics of each case.
Discuss your situation with a Syracuse criminal defense lawyer.
Tell me the verdict.
The Supreme Court issued a ruling that said it is against the law for law enforcement to follow someone home without a warrant if that person is being pursued a misdemeanor offense. In addition, the court mentioned that it is possible to follow a suspect home without a warrant in the event of an emergency; however, this is something that needs to be decided on a case-by-case basis.
When did the Supreme Court decide to make an exception?
The conviction of a man in California in 2016 for driving under the influence of alcohol was the impetus for the passage of legislation that created an exception for driving in an emergency situation. This exception was created to prevent people from getting behind the wheel while under the influence of alcohol. On his way home, he was followed by an officer who had called to report that his car’s stereo was blasting music too loudly and disturbing the neighborhood. The policeman tracked the suspect to his house, and upon entering the garage, he smelled alcohol. The man’s blood alcohol concentration was found to be 0.245 after he was taken to the hospital for testing, which is three times the legal limit of 0.08.
When the officer followed the defendant into his garage without first having obtained a warrant, the defendant claimed that the officer’s actions violated the rights that were guaranteed to him by the Fourth Amendment. After that argument was shot down, the case went all the way to the Supreme Court.
The upholding of your legal protections
If a police officer broke into your home without a warrant and you are now being charged with a misdemeanor, a lawyer may be able to help you fight the charges. It’s possible that hiring an attorney to help you write a lawsuit to protect your rights could be very helpful.