SCOTUS Taking Up 4th Amendment Case

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  • Moon

    M-O-O-N, that spells...
    Jan 4, 2013
    2,367
    In Orbit
    Gee..thanks.

    But fleeing a traffic stop into a house...at least in my mind, could certainly bridge that gap.

    The conversation isn't about going into someones house who just walked in. It's about fleeing a lawful traffic stop into the house and expecting the police to know if it is that person's house, or at least if they are a welcomed guest, as opposed to entering an open garage door during their unlawful flight.

    I expected more of a logical post from you.

    I'll try harder in the future I guess, but the conversation is around a situation in which the police almost certainly knew that this was Lange's house. They likely ran his tags, and he was able to shut the garage door (maybe even open it too) without getting out of his vehicle.

    The only crime the police had any evidence of was playing music too loud. There was no evidence that Lange was going to harm anyone in his own house.

    According to case documents, Lange continued driving for four seconds to his driveway after the lights were turned on. I do not consider that to be fleeing, especially when you are pulling to your own driveway.

    This is why I agree with the 9-0 decision in this case.

    I might point out here that the 4th Amendment is as important as any other of our rights. It is just as important as the 2nd, and it even helps to protect it. It needs to be protected and strengthened every bit as much, and I applaud this unanimous decision.
     
    Last edited:

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,678
    I've had to climb through the window of my own residence many times without committing a crime. I'm sure plenty of people have unlocked the door to their house, walked in, and within minutes committed a crime.

    I'll give you that climbing into an obscured window could be suspicious enough to attempt to stop the climber though.

    It’s all about the circumstances. SCOTUS isn’t saying if police see someone climbing through their own window they can’t knock and ask the person for ID to confirm is their residence or something similar. Or failing to answer the door taking the totality of circumstances in to account and determine there is probable cause a B&E has occurred and react appropriately.

    Police generally already overreach. We don’t need to loosen their hands generally. The opposite. And this is largely on police here. Most of them are good. But there are plenty of bad ones. And as many or more doing the wrong thing for the right reasons. Which is sometimes why you get the ones doing the wrong things for the wrong reasons. If police were highly effective at ensuring the really bad ones and even the sort of bad ones got kicked out and never returned to policing and the others doing the wrong things for the rights reasons didn’t.

    Well then we’d need far fewer civil protections. Same thing if politicians really did only the right stuff. We wouldn’t need a bill of rights.

    Heck we’d mostly not need laws as everyone would just do the right thing.
     

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