Utah brief backs police entry

Police officers are legally justified to make an unwelcome entry into a person's home when there appears to be an emergency, according to a brief filed Tuesday with the U.S. Supreme Court by the Utah Attorney General.

"This issue goes to the heart of law enforcement," Attorney General Mark Shurtleff said. "This small town case has caught the attention of the nation's highest court and will hopefully answer once and for all when an officer can step in and protect people from harm."

The state's brief comes after the nation's highest court agreed to hear the case involving four Brigham City police officers who entered a home to break up a fight they could see through a window.

It was in the early morning hours of July 23, 2000 when the officers responded to a complaint of a loud party. When they arrived, the officers did not hear a party but rather what sounded like a fight with "thumping" and people yelling "stop, stop" and someone saying "get off me."

The officers walked around the house and saw two teenage males drinking beer with one commenting "he's had too much to drink." During that time, officers could still hear a fight going on inside the house.

It was then that two officers saw four adults trying to restrain a teen against a refrigerator through a window. While walking to a screen door, one officer witnessed the teen break a hand free and land a punch on the face of one of the adults. Officers then entered the kitchen and yelled to get the occupants' attention. The teenager was handcuffed to prevent any further assault and officers offered assistance.

Police say the occupants "immediately turned and became verbally hostile" and demanded that the officers leave.

The adults were arrested and later charged with intoxication, disorderly conduct and contributing with the delinquency of a minor.

A Utah district court judge threw out the charges because the officers entered the home without a search warrant. That decision was affirmed by both the Utah Court of Appeals and the Utah Supreme Court, who both found that the situation did not pose a sufficient threat to allow police to enter a home without a warrant.