Supreme Court Rules that Police Cannot Enter Homes Without A Warrant When Pursuing Misdemeanor Suspects

Jeffrey Fisher, special counsel at O’Melveny, convinced the Supreme Court that police cannot automatically pursue fleeing misdemeanor suspects into homes without warrants. Fisher represented Arthur Lange, who was charged with driving under the influence in Sonoma, Calif. The Fourth Amendment dispute required balancing the privacy of the home against law enforcement interests. Lower courts were divided over whether misdemeanor pursuits categorically allow warrantless entry.

Fisher, also co-director of Stanford’s Supreme Court Litigation Clinic, argued the case. “For hundreds of years, the warrant requirement has protected personal privacy and provided a means of assuring individuals that officers are acting lawfully,” he said after the ruling. “Warrants thereby honor the rule of law and help to avoid sometimes-tragic outcomes.”