Supreme Court Looks at Warrantless Searches January 10, 2006
News Summary
The U.S. Supreme Court will review a Utah case that could yield new rules about warrantless police searches of private residences, the New York Times reported Jan. 7.In the Utah case, four police officers entered a home in Brigham City to break up a fight, resulting in the arrest of three occupants on alcohol and disorderly conduct charges. The Utah Supreme Court ruled that the search violated the Fourth Amendment.
Police are generally allowed to enter a private home without a warrant if they can show that the need to act on the spot in an emergency situation, to prevent destruction of evidence, or to help an injured person or prevent an injury, for example. The Utah courts said that no such standard applied in this case.
But Utah attorney general Mark L. Shurtleff says that the "subjective motivations of police officers" are irrelevant to determining the legality of a warrantless entry if the entry was "objectively reasonable." The state took the case to the U.S. Supreme Court.
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