Excerpt
When is an emergency situation so critical that police officers can respond by entering into a private home without a warrant?
This was the question the U.S. Supreme Court considered last spring in the case of Brigham City v. Charles W. Stewart, et al.
The case centers around a routine police response to a neighbor’s complaint about a loud party at 3 a.m. on July 23, 2000, in Brigham City, Utah. After four officers arrived on the scene, they observed several underage drinkers in the home’s backyard. They went into the yard and, through a window, saw a teenager being restrained by three adults.
The you…
In This Issue
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Foreword
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Mincey v. Arizona
The Supreme Court Strikes Down an Unwarranted Search
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Probable Cause and Reasonable Suspicion
Overview of Fourth Amendment Case Law on Police Searches
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Before the Court
The Justices Weigh in During Oral Arguments
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Opinion of the Court
The Fourth Amendment Does Allow Police Entry in Emergency Situations
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Pro & Con
Can Police Officers Enter a Home Without a Warrant When They Believe a Person's Health May be in Danger?
