Author Topic: What level of suspicion do police need to enter a home without a search warrant for an arrest?  (Read 312 times)

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Offline Elderberry

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SCOTUSblog by Kalvis Golde 3/3/2023

PETITIONS OF THE WEEK

The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

It is unconstitutional for police to enter a home without a warrant to arrest someone if they do not have “reason to believe” the suspect is in the home. This week, we highlight cert petitions that ask the court to consider, among other things, whether that standard is equal to a showing of probable cause needed to obtain a warrant, or something lesser.

In Pennington v. West Virginia, Pennington asks the justices to clarify whether “reason to believe” is equivalent to probable cause. She argues that, in the absence of any of the narrow exceptions to the need for a warrant to search a home, the Fourth Amendment prohibits a weaker reading of that standard just because police have a warrant to arrest someone. Pennington contends that the divide among lower courts on this question is so deep that her case would have come out differently had she been charged in federal, rather than state, court in West Virginia.

A list of this week’s featured petitions is below:

Rop v. Federal Housing Finance Agency
22-730
Issue: Whether the challenged decisions of the acting director of the Federal Housing Finance Agency should be vacated because the Constitution does not permit the president to designate an acting official to exercise the powers of a principal officer indefinitely without the advice and consent of the Senate.

Mangine v. Withers
22-738
Issue: (1) Whether and under what circumstances relief is available under 28 U.S.C. § 2255(e)for federal prisoners challenging errors in their sentences; and (2) whether the erroneous deprivation of petitioner’s statutory right to seek a sentence reduction under 18 U.S.C. § 3582(c)(2) constitutes a miscarriage of justice such that petitioner may obtain relief under Section 2255(e).

Pennington v. West Virginia
22-747
Issue: Whether, when police have an arrest warrant for a person, they can enter a home without probable cause that the person resides there and is present within.

Posted in Featured, Cases in the Pipeline

Cases: Pennington v. West Virginia, Mangine v. Withers, Rop v. Federal Housing Finance Agency

Recommended Citation: Kalvis Golde, What level of suspicion do police need to enter a home without a search warrant for an arrest?

More: https://www.scotusblog.com/2023/03/what-level-of-suspicion-do-police-need-to-enter-a-home-without-a-search-warrant-for-an-arrest/