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Thursday, December 31, 2009

4th Amendment "emergency exception" clarified

On December 7 the U.S. Supreme Court in a per curiam opinion overruled a Michigan Court of Appeals decision which found officers had committed a Fourth Amendment violation after responding to a disturbance call of a man “going crazy.” The officers were dispatched to the Brownstown, Michigan residence and found a damaged pickup truck in the driveway with blood on the hood, damaged fence posts and broken house windows. Upon looking inside the home the officers saw Jeremy Fisher screaming and throwing objects. A knock on the door by the officers yielded no response. Eventually the officers were able to talk to Fisher from outside the house. He had a cut on his hand and they inquired as to if he needed medical attention. Fisher remained out of control, cursed at the officers and told them to get a warrant. One of the officers pushed open the front door, went part way into the house and saw Fisher with a rifle pointed at the officer. Fisher was eventually arrested for assault with a weapon and possession of a weapon. The evidence was suppressed at trial, upheld on appeal and let stand by the Michigan Supreme Court which denied leave to appeal. In overruling the Michigan court the U.S. Supreme Court in Michigan v. Fisher, 09-91, 12/07/09, clarified its prior decision in Brigham City v. Stuart, 547 U.S. 398 (2006) which identified an “emergency aid exception” to the Fourth Amendment warrant requirement. The Supreme Court acknowledged the “presumptive unreasonableness” of any police entry into the home without warrant but pointed out that the Fourth Amendment operates on a standard of reasonableness. The Court in Brigham City recognized the need for law enforcement to assist individuals in emergency situations and to enter a home without a warrant. The Michigan Court of Appeals erred by substituting the judgment made by the officer at the scene with its own determination of the level of emergency. Additionally, Fisher had argued that the failure of police to summon emergency medical help negated their claim of an emergency exception. The U.S. Supreme Court reiterated its prior determinations that an officer’s subjective intent has no basis in Fourth Amendment review, rather the standard being one of objective reasonableness. Hence, based on the information and circumstances confronting the officers at the time of their response to Fisher’s residence the inquiry is whether there was an objective reasonable basis for the officers to believe Fisher may have been in distress and needed assistance.