Page 45 - Original 2020 Legal Guide By Jack Ryan

Disorderly Conduct-Interference: Exercise of Religion

Sause v. Bauer, 138 S. Ct. 2561(2020).

• The First Amendment Protects the right to pray but it is not absolute

• “There are clearly circumstances in which a police officer may lawfully

prevent a person from praying at particular time and place. For example, if

an officer places a suspect under arrest and orders the suspect to enter a

police vehicle for transportation to jail, the suspect does not have a right to
delay that trip by insisting on first engaging in conduct that, at another time

would be protected by the First Amendment.”

• If an officer orders a subject to stop praying during an investigation, the

officer’s action implicates the Fourth Amendment.

• Where an officer makes an arrest in a home based on conduct in the home,

the validity of the officer’s entry will always be scrutinized and may impact

the validity of the arrest.

©2020 Jack Ryan Legal & Liability Risk Management Institute 44