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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.
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