Published on: Wednesday, June 23, 2021

The U.S. Supreme Court ruled Wednesday in Lange v. California that under the Fourth Amendment, pursuit of a fleeing misdemeanor suspect does not always or categorically qualify as an exigent circumstance justifying a warrantless entry into a home. Previous coverage available here.

“When the totality of circumstances shows an emergency—such as imminent harm to others, a threat to the officer himself, destruction of evidence, or escape from the home—the police may act without waiting,” the court wrote.  But when “the nature of the crime, the nature of the flight, and surrounding facts present no such exigency, officers must respect the sanctity of the home—which means that they must get a warrant.”

The case involves Arthur Lange, a California man who sought to suppress evidence of alcohol on his breath that led an officer to charge him with driving under the influence. After Lange pulled into his garage, the officer – who had turned on his overhead lights but did not use his siren as Lange approached his house – entered the garage by putting his foot under the garage door to block it from closing. When he spoke to Lange, the officer said that he could smell alcohol on his breath, and Lange was charged with driving under the influence. Lange was convicted of DUI after his motion to suppress was denied.