From Deseret News archives:
Police err over warrant?
U.S. Supreme Court listens to arguments in Brigham City case
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"It's hard to decide in the heat of the moment," Gray said.
He said the officers acted in a guarded manner but reacted once they saw the punch thrown. He said one blow could give someone a concussion or rupture a spleen, so the officers had no idea what would happen next and could not allow the violence to worsen.
Paul McNulty, a deputy attorney general from the Justice Department who argued in favor of the state's position on the case, said the officers were acting in a split-second situation.
"The Fourth Amendment does not require a police officer to stand by and be a spectator to escalating violence," he said.
Gray said that the state maintains that more than just simple shouting needs to occur before police should enter a home. He said he expects the Supreme Court will make its decision by June.
E-mail: suzanne@desnews.com
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