The Supreme Court issued its decision in Lange v. California on June 23, 2021. Lange was pulled over by a California policeman for misdemeanor driving violations. Instead of stopping when the police officer initiated the stop, Lange drove home and fled into his garage. The officer followed him into his garage—without a warrant—and arrested him for drunk driving. Lange moved to suppress the evidence of his intoxication recovered after the police officer entered his garage. California state courts ruled against Lange, the California Supreme Court denied review, and Lange appealed the Fourth Amendment issue to the Supreme Court.
The Court held that the hot pursuit exigency exception to the warrant requirement of the Fourth Amendment is not a categorical exception where a police officer has probable cause to believe the suspect committed a misdemeanor. The 1976 decision in United States v. Santana cited by amici does not create a categorical flight exception. Instead, determining whether hot pursuit of a misdemeanant allows for a warrantless entry requires case by case analysis.
Featuring:



Clark Neily, Vice President for Criminal Justice, Cato Institute
Larry H. James, Managing Partner, Crabbe Brown & James LLP
Vikrant Reddy, Senior Research Fellow, Charles Koch Institute



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