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SCOTUS Announces Pursuit of a Misdemeanant Does Not Categorically Constitute an Exigent Circumstance Authorizing a Warrantless Home Entry
by Douglas Ankney
The Supreme Court of the United States (“SCOTUS”) held that there is no categorical rule allowing a warrantless entry into a home when police are pursuing a misdemeanant.
Arthur Lange drove past a California highway patrol officer with music blaring through open windows while repeatedly honking his ...
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More from this issue:
- Acquitted Conduct Sentencing, by Douglas Ankney
- Mental Health Response Teams Proved Effective in New York City, by Casey Bastian
- ‘Planning for Losing’: A Lesson on Justice Reform from Afghanistan, by Marc Levin
- Texas Court of Criminal Appeals: Defendant Satisfied Requirements of Confession and Avoidance, ‘Unintentional Self-Defense’ Jury Instruction Allowed Against Charge of Intentional Offense, by Douglas Ankney
- Fourth Circuit: State’s Failure to Plead Procedural Default Results in De Novo Review on Merits; Prosecutor’s Comments to Jury to Send ‘Societal Message’ Denied Defendant Fair Trial, Habeas Relief Warranted, by Dale Chappell
- Mental Illness and False Confessions: A Wakeup Call to Investigators, by Joseph Buckley
- Georgia Supreme Court Declares ‘Relevance’ Not Legal Standard for Suppression Determination Where Items Seized Outside Scope of Warrant, Clarifies Plain View Doctrine Proper Standard, and Overrules McBee, Walsh Line of Cases, by Anthony Accurso
- Michigan Supreme Court Announces 2011 SORA May Not Be Retroactively Applied to Registrants Whose Offenses Predated Its Enactment Because Doing So Violates Prohibition on Ex Post Facto Laws, by Douglas Ankney
- California Now Able to Decertify Bad Cops, by Edward Lyon
- Texas Court of Criminal Appeals: Although Subsequent Indictment Recites Same Language as Original Indictment, SOL Isn’t Tolled Where Subsequent Indictment Fails to Charge Same Conduct, Act, or Transaction, by Douglas Ankney
- Texas Court of Criminal Appeals: Trial Court Abused Discretion by Refusing to Allow Withdrawal of Jury-Trial Waiver for Defendant Who Ultimately Rejected Plea Deal, by David Reutter
- Idaho Supreme Court Rejects ‘Instinctive Entry Rule’ as Not Implicating Fourth Amendment Where Drug-Sniffing Dog Breaches Interior of Vehicle During Exterior Search and Suppresses Evidence, by Douglas Ankney
- SCOTUS Announces Pursuit of a Misdemeanant Does Not Categorically Constitute an Exigent Circumstance Authorizing a Warrantless Home Entry, by Douglas Ankney
- Pennsylvania Supreme Court Announces New Framework for Enforcing Right to Effective Counsel in Post-Conviction Relief Act Proceeding, by Douglas Ankney
- Connecticut Supreme Court Overrules Aquino, Holding Appeal Not Moot Where Defendant Deported During Pendency but Unclear Whether Appealed Conviction Sole Basis for Deportation, by Douglas Ankney
- Nevada Supreme Court: Prisoner’s Claim He Is Now Actually Innocent of Death Penalty Sufficient to Overcome Proce-dural Bars to Habeas Relief, by Douglas Ankney
- California Court of Appeal: Peremptory Challenge to Judge in Habeas Case Subject to 10-Day Filing Period, Not 60 Days, Under § 170.6(a)(1), by Dale Chappell
- SCOTUS: Rehaif Error Doesn’t Automatically Require Reversal of Conviction, Plain-Error Test Must Be Satisfied for Re-lief, by Dale Chappell
- Oregon Supreme Court Announces Abandonment of Per Se Exigency Rule in Automobile Exception and Holds Warrantless Seizure or Search Must Be Based on Actual Exigent Circumstances, by Jacob Barrett
- Tenth Circuit, Joining Sister Circuits, Announces ‘Personal-Use’ Drug Quantity Doesn’t Constitute ‘Relevant Conduct’ Under Guidelines § 1B1.3(a) and Sets Forth Framework for Burden of Proof Analysis, by Douglas Ankney
- Massachusetts Supreme Judicial Court Announces Bodycam Video Subsequently Reviewed in Unrelated Investigation Constitutes Unconstitutional Warrantless Search, by Anthony Accurso
- Concealed Videos Expose Pattern of Abuse by Louisiana State Police, by Jayson Hawkins
- Vermont Supreme Court Announces Proper Legal Standard for Warrantless Search of Home’s Curtilage, by Anthony Accurso
- Eighth Circuit: Inadmissible Hearsay Improperly Used to Revoke Supervised Release, by Matthew Clarke
- Facial Recognition Run-Down, by Anthony Accurso
- Rutgers University Pioneers New Jersey Innocence Project, by Casey Bastian
- Massachusetts Remains a Civil Forfeiture Outlier, by Jayson Hawkins
- Sixth Circuit: Michigan’s Ordinarily ‘Adequate’ Contemporaneous-Objection Rule, in Unique Circumstances, May Not Procedurally Bar Federal Habeas Review, by Dale Chappell
- Non-Prosecution Policies Seem to Work in Baltimore, by Jayson Hawkins
- DEA Continues to Seize Money Without Proof of Criminality, by Casey Bastian
- Florida’s Catch-22 for the Innocent Defendant (and Others Wishing to Protect Their Right Against Self-Incrimination), by M. Eve Hanan
- Big Tech Using Third Parties to Sell Surveillance Tools to ICE and Border Patrol, by Anthony Accurso
- Pegasus Software: State-sponsored Spyware Usage Likely Infecting Billions of Phones, by Casey Bastian
- Armed Police Drones Are Coming, by Anthony Accurso
- News in Brief
More from Douglas Ankney:
- Idaho Stopped From Repeatedly Scheduling Executions That It Cannot Carry Out, July 1, 2024
- In New Jersey, Yet More Privileged Phone Calls Between Prisoners and Attorneys Recorded and Used by Prosecutors, July 1, 2024
- Illinois Prisoner Awarded Over $822,000 For Hernia Care Denied by Wexford Health, July 1, 2024
- Missouri Muslim Prisoners Advance Suit Against Guards For Assault During Prayer, July 1, 2024
- California Supreme Court: Defendant Has Due Process Right to Notice of Prosecution’s Election to Seek Enhanced Sentence in Order to Make Key Decisions About Defense, June 15, 2024
- Kansas Supreme Court Announces Clarification of Framework for Deciding Whether Confession Is Voluntary and Overrules Precedents That Held Reliability of Confession Is Factor to Be Considered, June 15, 2024
- Decedent’s End-of-Life Condition and Toxicology May Alter Time-of-Death Estimation, June 15, 2024
- Fourth Circuit Vacates Where Instructions Failed to Inform Jury That Mens Rea of ‘Knowingly or Intentionally’ Applies to ‘Except as Authorized’ in 21 U.S.C. § 841(a)(1), June 15, 2024
- Third Circuit Denies Prosecutor’s Claim of Absolute Immunity Where Wrongfully Convicted Man’s Complaint Alleged Facts Sufficient to Support Finding That Prosecutor’s Actions Served ‘Investigatory Function’, June 15, 2024
- Delaware Supreme Court: Warrant That Authorized Search of ‘Any and All’ Data of Named Files on Cellphone Is Invalid General Warrant That Also Failed to Include Temporal Limitation, June 15, 2024
More from these topics:
- Pharmacies Are Giving Your Prescription Data to Police Without a Warrant, April 15, 2024. Medication, Statistics/Trends, Warrantless Searches.
- Nebraska Supreme Court Announces Probation Search Unlawful When Conducted After Original Term Expired and Before Hearing on Extending Term, March 15, 2024. Parole/Probation Searches, Condition of Probation, Warrantless Searches.
- CBP Promises Not to Buy Location Data – But Is It a Hollow Promise?, Dec. 15, 2023. Police Misconduct, Warrantless Searches, Electronic Surveillance, Digital Devices.
- Law Enforcement Using Technology That Accesses Live Video From Any Camera Connected to the Internet, Sept. 1, 2023. Warrantless Searches, Electronic Surveillance.
- New Montana Law Bans Warrantless Facial Recognition Surveillance, Sept. 1, 2023. Warrantless Searches, Authentication/Identification, EP2P Software, Eyewitness Identification.
- California Supreme Court Announces Warrantless Search Parole Condition Does Not Dissipate Taint of Unlawful Detention and Subsequent Search, Suppresses Evidence, Aug. 1, 2023. Warrantless Searches, Suppression, Probation, Parole & Supervised Release.
- A Surveillance Scam by Any Other Name Is But a Parasite, Aug. 1, 2023. Police State-Surveillance, Warrantless Searches, Electronic Surveillance.
- Police Departments Conspire with Boards to Secretly Install License Plate Cameras Without Consent of Residents, Aug. 1, 2023. Police State-Surveillance, Warrantless Searches, Curtilege.
- Fifth Circuit: Placing Jacket Within Fenced-In Area of Home in Presence of Police Evidences Clear Intent Not to Abandon It, Warrantless Search Violates Fourth Amendment Rights, June 15, 2023. Fourth Amendment, rights, Warrantless Searches, Searches - Home/Curtilage, Specific Intent.
- Seventh Circuit: Fugitive Who Leased Condo Under Alias Retained Expectation of Privacy so Landlord Could Not Give Valid Consent for Warrantless Search of Premises, May 15, 2023. Warrantless Searches, Privacy Act/Rights, Drug Laws/Offenses.