Sup Ct hears oral arguments on warrantless search of residence

On Monday the U.S. Supreme Court heard oral arguments on a case from Utah involving the 4th. Amend.  Under the facts the police came to a home and heard a “commotion? in the back yard.  They looked over the fence and heard someone make reference to a minor drinking.  They climbed the fence and peeked through a window of the house and saw three or four adults restraining a juvenile male who was loud and apparently intoxicated. The juvenile worked one hand free and slugged one of the adults.  The police entered the house and made an arrest. They did not have a search warrant.  The courts have held at local and state levels that the arrest must be suppressed as a violation of the 4th. Amendment.  The City police have continued to appeal.  The questioning of the various justices indicated some in favor of upholding the suppression and some in favor of setting aside the suppression order.   The decision should be out in a few months.  The defense claimed there was no issue of exigent circumstances, and no imminent threat to life or threat of serious physical injury.   The police argue that any disturbance provides a basis to ignore the 4th. Amendments requirements for a search warrant.

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