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SCOTUS Holds “Hot Pursuit” for Misdemeanors Doesn’t Always Justify Warrantless Entry into Home

Constitutional Law Reporter

It held that, under the Fourth Amendment , the pursuit of a fleeing misdemeanor suspect does not always (or categorically) qualify as an exigent circumstance justifying a warrantless entry into a home. The State charged Lange with the misdemeanor of driving under the influence. California, 594 U.S. _ (2021) , the U.S.

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Supreme Court Considers “Hot Pursuit” in Closely Watched Fourth Amendment Case

Constitutional Law Reporter

California , which involves whether police pursuits for misdemeanors justify a warrantless entry, an issue which has divided the lower courts. However, the Supreme Court’s exigent circumstances precedents have not yet addressed pursuits involving suspected misdemeanors, which are by far the most common basis for arrest.

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Locked and Loaded: Third Circuit Declares Federal Gun Law Unconstitutional Over Ex-Felon Rights

JonathanTurley

At issue was the federal “felon-in-possession” law—18 U.S.C. § The federal law makes it “unlawful for any person. However, when Range pleaded guilty in 1995, his conviction was classified as a Pennsylvania misdemeanor punishable by up to five years’ imprisonment. 922(g)(1), which bars ex-felons from possession of firearms.

Laws 42
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Was Rittenhouse’s Possession of the AR-15 Unlawful?

JonathanTurley

In covering the motions hearing last week in the trial of Kyle Rittenhouse, I noted a surprising comment from Judge Bruce Schroeder that he had “spent hours” with the Wisconsin gun law and could not state with certainty what it means in this case. Criminal laws are supposed to be interpreted narrowly. 29.304 and 29.593.”

Statute 56
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Police Groups Ask The University of Minnesota To Investigate Student’s Call To Make Life “Hell” For Officers

JonathanTurley

Minnesota Police and Peace Officers Association and the Law Enforcement Labor Services has taken the unusual (if not unprecedented) step of asking the University of Minnesota to investigate a student for her call to make the lives of campus police a living “hell.” Misdemeanor offenses. Gross misdemeanor offenses.

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Police Suggest Possible Charges for Those Who Filmed Rape on Train

JonathanTurley

Generally there is no duty to rescue or to call police under the common law. For example, Washington state allows for the charging of a misdemeanor. The law covers violent crimes, sexual assault, and assault of a child. I am unaware of such a law in Pennsylvania, but these laws are rarely enforced.

Tort 39
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Connecticut High School Student Arrested For Posting Racist Slur

JonathanTurley

The arrest appears to have been made under a state hate crime law that has long been criticized by some of us in the free speech community as dangerously vague. ” The law is similar to the type of vague speech codes that we have addressed on campuses but this is an actual criminal provision under state law.