From Deseret News archives:
Top court sides with Brigham City police
Justices rule officers were justified in entering home
- Page:
- < Previous
- 1
- 2
Hadfield said the earlier rulings by the Utah courts had "greatly restricted the ability of the Brigham City Police Department to protect Brigham City residents and properly respond to disturbances."
But Mark Studebaker, an Ogden attorney who argued on behalf of those arrested that night, said the top court's ruling sets a "huge" precedent that is "pretty damaging all around."
"I think this is a clear smack down on the Fourth Amendment," he said.
He said this could open the door to police witnessing things inside homes even something as simple as him wrestling with his son, and deciding it was a violent enough situation to enter and potentially make arrests.
He said it is now up to the state if it wants to spend taxpayer money in pursuing the rest of the case.
"I hope they would find better use for it," Studebaker said.
Justice John Paul Stevens wrote a concurring opinion calling it "an odd flyspeck of a case" and that while he agreed with the court's decision he remains "persuaded that my vote to deny the State's petition for certiorari was correct."
He questioned why the three lower courts all found a Fourth Amendment violation in the first place, why the prosecution fought this all the way to the Supreme Court and why the court opted to hear it.
E-mail: suzanne@desnews.com
- Page:
- < Previous
- 1
- 2
Comments
- Utah churches in the news 6:00 p.m.
- Religion new around the world 5:58 p.m.
- Brubeck's religious music inspires 5:53 p.m.
- Free public Christmas events 5:51 p.m.
- Children showcase Christmas art 5:47 p.m.
- BYU to wear royal blue uniforms 5:38 p.m.
- Family recounts CO experience 5:18 p.m.
- Gift-giving students win contest 5:16 p.m.
- 2 men face child porn charges 5:15 p.m.
- Davis' 2010 budget leaner than 2009 5:13 p.m.
- Letters: Global warming a lie
272 - TCU to play Boise in Fiesta Bowl
207 - BYU football: Bronco weighs in on Hall
195 - Palin signs books, chats with fans
169 - Utah/BYU rivalry can be more civil
151 - Cougars going back to Vegas
150 - Andersen apologizes for Jordan hoax
143 - Nude bathers cited for lewdness
134 - Max Hall wants to look ahead
130 - Jazz fall apart late at L.A.
110
David Rankin, one of Utah's youngest and ablest astrophotographers has...
There was a time when free shipping was rare. This holiday season, you...
Can you tell I just got out of a budget meeting with Gov Gary Herbert?
I could not believe the mentality of some of the residents that attended the...
Governor Herbert is doing what he is paid to do -- manage well as tightly as...
Just go back to being royal blue and give up the navy blue. Be true to...
My best to Tiger. This will not be easy to fix and more importantly it will...
Barack Obama plunged us into a recession? How is that possible considering we...
It is a great blessing to live so close and have this opportunity. Still, it...
hehe. Unintentional humor at its best.
The only ones who think they are Christians are Mormons(FLDS,LDS) a good...
Let's not forget that the economy tanked well before Obama was in office.
For the teams in the big six conferences every week is a playoff, and that is...



You can be the first to comment on this story.