Driving back to his home in a neighborhood in Sonoma, Calif., on an evening in October 2016, Arthur Lange had the music in his vehicle turned up loud and his windows open. He also honked his horn several times as he was driving. Taking notice of the sounds coming from Lange’s vehicle and believing these might constitute minor misdemeanor infractions punishable only by small fines, a highway patrol officer followed him all the way home. Not until Lange had pulled into his driveway and parked his car in the garage did the officer activate his overhead lights to signify that he wanted Lange to pull over. The officer pulled into the driveway after Lange had parked his car and the garage door began closing. The officer then exited his vehicle, approached the closing garage, thrust his foot under the door, causing it to reopen, and entered the garage unannounced and uninvited. He proceeded to question Lange. After Lange produce his license and registration and answered more questions, the officer stated that he smelled alcohol on Lange and demanded he submit to sobriety testing. Lange was arrested and charged with driving while intoxicated.
In court, Lange argued that the officer’s warrantless entry into his garage violated the Fourth Amendment. The California courts rejected Lange’s claim, ruling that the entry into the residence was allowed under the “hot pursuit” exception to the warrant requirement. On appeal to the U.S. Supreme Court, Rutherford Institute attorneys argue that the sanctity of the home must prevail over any interest police might have in engaging in “hot pursuit” of citizens suspected of committing nonviolent misdemeanors.
The amicus brief in Lange v. State of California is available at www.rutherford.org. Affiliate attorneys Michael Kimberly, Ethan Townsend, and Brett Meyerhoff of McDermott, Will & Emery LLP in Washington, D.C. assisted The Rutherford Institute in advancing the arguments in Lange.
The Rutherford Institute, a nonprofit civil liberties organization, provides legal assistance at no charge to individuals whose constitutional rights have been threatened or violated and educates the public on a wide spectrum of issues affecting their freedoms.
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