O’Melveny Worldwide

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

An O'Melveny team 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.