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We the People

When Can Police Enter Suspects' Homes?

We the People

National Constitution Center

News, News Commentary, History

4.61.1K Ratings

🗓️ 5 March 2021

⏱️ 55 minutes

🧾️ Download transcript

Summary

The Supreme Court recently heard oral argument in Lange v. California. The case asks whether a police officer violated the Fourth Amendment when he entered the garage of a person suspected of a misdemeanor crime without a warrant while in “hot pursuit” of him. Professor Jeffrey Fisher of Stanford University, who argued the case on behalf of Arthur Lange, and professor Donald Dripps of the University of San Diego Law School, a Fourth Amendment and criminal procedure expert, join host Jeffrey Rosen to discuss the case and its potential implications for policing, privacy, the Fourth Amendment, and more. Some terms that will be helpful to know for this week (definitions adapted from Legal Information Institute): -Warrantless entry: when a police officer enters a private residence without a warrant issued by a judge or magistrate that would allow the police officer to search a specified place for evidence even without the occupant’s consent -Hot pursuit: exception to the general rule that police officers need a warrant before they can enter a home to make an arrest. Current case law states that if a felony has just occurred and an officer has chased a suspect to a private house, the officer can forcefully enter the house in order to prevent the suspect from escaping or hiding or destroying evidence. -Exigent circumstances: exceptions to the general requirement of a warrant under the Fourth Amendment searches and seizures Additional resources and transcript available at constitutioncenter.org/interactive-constitution/media-library Questions or comments about the show? Email us at podcast@constitutioncenter.org.

Transcript

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0:00.0

I'm Jeffrey Rosen, president and CEO of the National Constitution Center, and welcome to

0:09.3

We The People, a weekly show of constitutional debate.

0:13.0

The National Constitution Center is a nonpartisan nonprofit

0:16.8

chartered by Congress to increase awareness and understanding of the Constitution

0:21.7

among the American people. The Supreme Court recently heard oral arguments. of the

0:23.0

Supreme Court recently heard oral arguments in Lang versus California.

0:27.0

The case asks whether a police officer violated the Fourth Amendment

0:30.0

when he entered a garage without a warrant while following a

0:35.0

suspect into his house. Here to discuss the case and the future of the

0:38.8

Fourth Amendment are two of America's leading Fourth Amendment scholars and advocates.

0:44.0

Jeffrey Fisher is professor of law and co-director of the Supreme Court Litigation Clinic at Stanford.

0:50.0

He has argued over 40 cases before the Supreme Court,

0:54.6

including most recently the Lange case on behalf of Arthur Lange.

1:00.4

Jeffrey, it is wonderful to have you back on the show.

1:03.0

Thanks very much for having me.

1:05.0

And Donald Dripes is Warren Distinguished Professor of Law at the University of San Diego Law School.

1:11.0

He has written widely in constitutional law, criminal law, and criminal procedure

1:15.8

with a special focus on the Fourth Amendment.

1:18.6

Donald, it is wonderful to have you on the show.

1:20.9

It's a great opportunity to talk about this very interesting case.

1:25.1

It is indeed and I'm so excited to jump right in. Jeff you argued the case.

1:30.4

You just stood before the justices and told them what was at stake in the case.

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