From Deseret News archives:

Police err over warrant?

U.S. Supreme Court listens to arguments in Brigham City case

Published: Monday, April 24, 2006 11:15 p.m. MDT
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Gray said that the state wants officers to rescue people from harm, not wait until they would have to call for medical help. He said sticking to a lower court's opinion, which threw out the arrests because the police had no warrant, would force officers to choose between the roles of caretaker and officers of the law.

"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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