Supreme Court to consider cases involving warrantless search

By Pete Yost, Associated Press Writer
Tuesday, March 25, 2008 | No comments posted.

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WASHINGTON (AP) — The Supreme Court stepped into two criminal cases Monday, one that will help define the limits of warrantless police searches.

Five police officers from Utah asked the court to consider whether officers may enter a home without a search warrant when an informant already is inside and sees evidence of a crime.

The case against Afton Callahan of Millard County, Utah, will test whether the officers who conducted the warrantless search may be sued by the person they arrest.

Six years ago, an informant contacted police to tell them he had arranged to purchase drugs from Callahan at Callahan’s trailer home.

Wearing a microphone provided by police, the informant entered the trailer, made the deal and signaled police. They entered the trailer without a warrant and arrested Callahan for possession of methamphetamines.

Utah courts ruled that the evidence that was seized from Callahan’s home could not be used against him. Other courts have allowed prosecutions to go forward under similar circumstances.

Callahan later sued the officers for violating his constitutional rights. A federal judge ruled the officers could not be sued because there is disagreement in the courts over whether the search is illegal.

The 10th U.S. Circuit Court of Appeals in Denver said the lawsuit could proceed because the officers should have known that people have a right in their home to be free from unreasonable searches and seizures.

Under a 2001 ruling by the Supreme Court, courts first must determine whether an action amounts to a violation of a constitutional right and then decide whether the public official, often a police officer, should be immune from the civil lawsuit.

Justice Stephen Breyer has been trying to get his colleagues to abandon the rigid two-step test. Breyer has said judges should sometimes go right to the immunity question.

The case is Pearson v. Callahan, 07-751.

Firearms case

WASHINGTON (AP) — The Supreme Court on Monday agreed to consider the case of a man who successfully challenged firearms possession charges that were linked to alleged domestic violence.

The federal government had asked the justices to step into the case.

In 1994, Randy Edward Hayes pleaded guilty in Marion County, W.Va., to the minor crime of battery following an incident in which his wife was the victim. In 2004, police summoned to Hayes’s home in response to a domestic violence 911 call found a Winchester rifle belonging to Hayes. They later discovered that he had possessed at least four other rifles following the 1994 case.

Hayes was indicted on federal charges of possessing firearms following conviction of misdemeanor domestic violence, a reference to the 1994 case in West Virginia.

Last year, Hayes convinced the 4th U.S. Circuit Court of Appeals in Richmond, Va., to dismiss the indictment against him.

The appeals court ruled in Hayes’ favor because the language of the state law on battery in the 1994 case did not contain specific wording about a domestic relationship between the offender and the victim.

Nine other appeals courts have rejected the interpretation that the appeals court in Richmond adopted, the Justice Department solicitor general said in court papers.

“Congress’s objectives of taking guns out of the hands of persons convicted of these crimes would be frustrated in significant measure” if the decision in the Hayes case is allowed to stand, the Justice Department solicitor general said in court papers.
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