- Nov 16, 2016
- Reaction score
Are DUI's a misdemeanor? If so, that should definitely not be allowed.I would need to see the list of misdemeanors before i could make an accruate judgement.Not there.The article example was a drunk driver.You believe its unreasonable for an officer to arrest someone who evades them long enough to get inside their home?You want a rule that says that criminals wont be prosecuted if they are able to get inside their house before being arrested?The fallout of the summer of rage 2020 has been more people questioning the claims and actions of the police. Further the courts are even starting to reign in excessive actions.
The Supreme Court on Wednesday declined to grant police more authority to enter the home of a fleeing suspect following a minor offense.thehill.com
Here is the story. A cop saw a guy who he thought was driving under the influence. The cop puts on the lights. The guy drives on another hundred yards and pulls into his garage. The automatic door starts closing. The cop runs and ducks under the door.
The argument made by prosecutors was that this was an exception to the Fourth Amendment. The officer was in Hot Pursuit.
The Supreme Court voted unanimously and said no.
All nine Justices. All of them said no. The cops can’t claim that on a simple misdemeanor.
For most of my life the Supreme Court has been a rubber stamp. Approving pretty much anything the cops want to do. Now after all the misconduct and abuses are being exposed the Courts are reigning in the Cops. It wasn’t that long ago the Court said the Cops traffic stop was legal even if he was enforcing a non existent law.
Now. The cops had better start thinking more conservatively about their power and authority. It seems the Supremes don’t play that.
I believe it is unreasonable to claim “Hot Pursuit” for a misdemeanor exception to the Fourth Amendment.
But for the sake of argument. Where do we draw the line if not as Misdemeanor’s? A cop sees a guy park illegally and run into a house. The cop chases him down and kicks in the door? Where do we draw the line?
Ok. We draw the line at that? Where do we draw the line to tell the cops they can’t race into a house in hot pursuit?
Where. The Court says Misdemeanor is the line. You don’t like that. Where do we draw the line?
So somewhere in the Misdemeanor section.
Disturbing the peace is a Misdemeanor. What if a cop comes up on a guy shouting in his front yard and the guy goes inside and shuts the door. What then? Is the cop justified in taking the door claiming hot pursuit?
Prostitution is a Misdemeanor. If a guy takes a hooker into a closed room should the cops be able to take the door claiming hot pursuit?
Or is it just DUI’s you want to have the cops able to use for an exception?
Notice. I am not arguing the exception for felonies is unreasonable. I believe there should be a limit. And I can live with the limit on misdemeanor.
DUI is a Misdemeanor. So your problem with the ruling is it covers DUI?