Top court to hear Utah case on police intrusion

The U.S. Supreme Court said Friday it would clarify when police can enter a home without a search warrant. They are responding to a request for clarification in a case involving Utah officers who watched a fight through a window.

Justices will consider officers' handling of an early morning complaint in Brigham City about a loud party. The officers peered through a door and windows and saw four adults restraining a juvenile, who then broke free and punched one of the adults in the face.

The officers entered and arrested the adults, who were charged with intoxication, disorderly conduct and contributing to the delinquency of a minor.

A judge threw out the charges on grounds that the police entered without a search warrant.

Brigham City lost the court battle every step of the way, even being suppressed by the trial court, which stated they were in violation of the Fourth Amendment of the U.S. Constitution.

In an appeal, the state of Utah argued that courts are deeply divided on what emergency circumstances are required for warrantless police entries.

"The Brigham City officers' entry into the home was not only reasonable but compelled by the circumstances. The officers would have been derelict in their duty had they not acted," said Jeff Gray, Utah assistant attorney general.

He said it is not uncommon that officers are called to face a situation they know little about, that can escalate quickly or already be a fight in progress when they arrive. Not allowing officers to make a split-second decision to enter if necessary, he said, "limits the officers' ability to protect the public and their ability to intervene to prevent further violence."

States supporting Utah in the case are Alabama, Arizona, Colorado, Delaware, Hawaii, Kansas, Michigan, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oregon, Vermont and Washington.

The case is Brigham City v. Stuart, 05-502. It is expected to be heard by the court in April, following the scheduled filings of an opening brief, the defendant's brief and a reply. A decision on the case, Gray said, is expected in June.

"We are excited and look forward to the opportunity to take the case through the court system," he said.

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E-mail: wleonard@desnews.com