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A28 u.s. news
Diahuebs 24 Juni 2021
High court limits when police can enter home without warrant
determine whether there is a decision will play out in the in Sonoma County, playing
law enforcement emergency. real world. The decision does music loudly and honking
On many occasions, the of- not bar police from homes his horn several times. The
ficer will have good reason to when they are chasing a mis- officer believed those were
enter — to prevent imminent demeanor suspect, but it does noise violations punishable
harms of violence, destruc- not give them free reign to by small fines and followed
tion of evidence, or escape enter either. Lange. The officer later
from the home. But when turned on his car’s lights to
the officer has time to get a “As our country continues to get Lange to stop. But Lange
warrant, he must do so — grapple with the limits and continued driving for about
even though the misdemean- problems associated with law four seconds, turned into his
ant fled,” Justice Elena Kagan enforcement’s powers, the driveway and entered his ga-
wrote in a majority opinion Court’s refusal to allow po- rage without stopping.
for seven members of the lice unfettered entry into the
court that included both lib- home is welcome,” she wrote The officer got out of his car
erals and conservatives. in a statement. and, as Lange’s garage door
(AP) — Adding to the said that police in “hot pur- was closing, stuck his foot
country’s ongoing discus- suit” of a suspect believed to Chief Justice John Roberts Larry H. James, general under the door so it would
sion of the extent of po- have committed a felony can and Justice Samuel Alito counsel for the National Fra- re-open. Lange was ulti-
lice powers, the Supreme enter a home without a war- said that, in their view, a sus- ternal Order of Police, which mately arrested after the of-
Court on Wednesday put rant. pect’s choice to flee alone filed a brief in the case, said ficer smelled alcohol on his
limits on when police of- should give police the ability he does not see much chang- breath, and he was charged
ficers pursuing a fleeing The case the justices decided to pursue that person into a ing for police as a result of with driving under the influ-
suspect can enter a home Wednesday is important both home. They suggested the the ruling. The decision tells ence as well as an excessive
without a warrant. to law enforcement and to majority’s opinion leaves too police to do what they always noise offense.
groups concerned about pri- much for officers in the field do, he said, which is “use
The high court ruled that vacy. But it doesn’t give po- to consider in the midst of a your common sense, use Lange argued that the of-
when officers are pursu- lice a bright line for when chase, providing “no guid- your training.” He said the ficer’s entry into the garage
ing someone suspected of a they can and cannot enter ance at all.” guidance for police from the without a warrant violated
misdemeanor, a less serious a home to pursue someone ruling is: “When the situation his Fourth Amendment right
crime, they cannot always suspected of committing a “The Constitution does not warrants immediate action, to be free of “unreasonable
enter a home without a war- misdemeanor. demand this absurd and take it. When it doesn’t, get a searches and seizures.” The
rant if a suspect enters. dangerous result,” Roberts warrant.” justices sent his case back to
“The flight of a suspected wrote. lower courts to be reevalu-
The court had previously misdemeanant does not al- The case before the justices ated in light of their decision.
given police greater freedom ways justify a warrantless Elizabeth Wydra, president involved California resident
to enter homes in cases in- entry into a home. An officer of the liberal Constitutional Arthur Lange. One evening The case is Lange v. Califor-
volving more serious crimes. must consider all the circum- Accountability Center, said in 2016, an officer saw Lange nia, 20-18.
In a 1976 case, the justices stances in a pursuit case to it remains to be seen how the driving his station wagon
Portland police halt minor traffic stops, citing disparity
AP) — Police in Oregon’s Portland is not the first large city, is at its lowest staffing in states to engage in violence in
largest city are being ad- city to make such a move decades — the department is The move by officers to dis- the Rose City.
vised to no longer pursue regarding traffic stops. Oak- around 150 officers short of band their own team came
low-level traffic infrac- land, California, has had a “authorized strength”. a day after a team member While long time residents say
tions — including expired similar police for the last sev- was indicted and accused of the gun violence in the city
plates and broken head- eral years. In the past nine months, the fourth-degree assault stem- is they worst they have ever
lights — unless related department has experienced ming from a baton strike see, police are struggling to
to an immediate safety Portland Police Chief Chuck a rapid turnover with more against a protester last sum- to find the resources, officers
threat, Portland Mayor Lovell said while officers are than 120 officers having left, mer. and funds to fully address it.
Ted Wheeler announced being directed to halt pull- many citing low morale and
Tuesday. ing drivers over for low-level burnout from racial justice Last summer, while officers’ Last month, City Council
traffic violations, they will protests that would end in priorities were shifted to pro- voted to create a team of 12
In addition, if police do stop still use their judgement if confrontation and plumes of tests, Portland was also expe- officers and two sergeants to
a driver they must receive the violation is an immediate teargas. riencing its deadliest year in tackle gun violence, but with
recorded consent before threat. more than a quarter-century. no additional funds.
searching the vehicle and The situation reached a
clearly inform the person For example, a car driving breaking point last week Gun violence has spilled over Lovell said the department is
they have the right to refuse. at night without lights, al- when 50 police officers, who into this year, with at least 42 “so lean right now” that of-
though a minor infraction, serve on a specialized crowd- homicides so far. If nothing ficers would likely be pulled
Wheeler said both changes would be considered an im- control unit and respond to changes, Portland will sur- from patrol, domestic vio-
are an attempt to refocus on mediate safety issue and Portland’s ongoing protests, pass its all-time record for lence or human trafficking
immediate threats and are could be pulled over. resigned en masse from the homicides of 70 set in 1987, investigations to support the
also occurring in response squad, but not the depart- when the city was in the new team.
to data showing a a dispro- Wheeler noted these changes ment. midst of a gang siege.
portionate impact on Black are also being done in part Despite police pleas for
drivers for traffic stops and because of the police bu- The unit was on the front- Police estimate half of Port- more personnel, city leaders
vehicle searches. While 6% of reau’s limited staffing and lines of nightly racial justice land’s more than 500 shoot- slashed $27 million from the
Portlanders are Black, he said resources. protests, following the mur- ings this year, which have in- police budget last year — $11
they account for 18% of traf- der of George Floyd and were jured more than 140 people, million due to the pandemic-
fic stops in the city. “Our staffing on the streets is tasked with dispersing groups are gang-related. In May, caused budget crisis and $15
inadequate,” Wheeler said. after a riot was declared. Of- Wheeler warned that perpe- million amid calls to defund
“The goal of these two ficers often times were met trators are being told by gangs the police — vowing to de-
changes is to make our safety Currently the police bureau, with fireworks, rocks and to shoot someone within 30 vote money to community
safer and more equitable,” which is struggling to find glass bottles being thrown at days or be shot and that peo- groups working to curb gun
Wheeler said. its grounding in the liberal them. ple are traveling from other violence.