High Court Grapples With Need For Warrant After Errant Horn Honk

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Publish Date:
February 24, 2021
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Courthouse News Service
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Summary

“The governmental interest in investigating minor offenses is not strong enough for home entries unsanctioned by judicial officers,” Lange’s attorney, Jeffrey L. Fisher, told the high court Wednesday.

Though lower courts ruled that the search met an exception to warrant requirements under the Fourth Amendment, Fisher said the law should distinguish between cases like his client’s and a genuine emergency when there is no time to get a warrant.

Fisher also listed off for the court some of the many reasons why someone might retreat to their home.

“How do we deal with people who are frightened, confused or distrustful?” asked Fisher, who is with the Stanford Law School. “The solution has always been the warrant, knowing that the police officer is proceeding within the law.”

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