Lange v. California

Brief of National Association of Criminal Defense Lawyers and California Attorneys for Criminal Justice as Amici Curiae in Support of Petitioner (On Merits).

Brief filed: 12/11/2020

Documents

Lange v. California

United States Supreme Court; Case No. 20-18

Prior Decision

Decision below 2019 WL 5654385 (Cal.App. 1 Dist. Oct 30, 2019)

Argument(s)

A rule categorically permitting warrantless entry into a private residence in pursuit of a fleeing misdemeanant would be dangerously overbroad and conflict with long-standing Fourth Amendment jurisprudence requiring case-by-case analysis of whether exigent circumstances justify the entry. An extensive survey of cases involving such entries reveals that many spiral out of control, often resulting in property damage and personal injury to officers, suspects, and innocent third parties. Further, law enforcement interests typically justifying warrantless entries—preventing evidence destruction or protecting the safety of officers and the public—are not implicated in many misdemeanant pursuits. A case-by-case approach would permit warrantless entry when a particular misdemeanant poses a serious threat to people or evidence while encouraging officers to briefly pause and seek a warrant in the many cases where neither the suspected crime nor the circumstances of the pursuit justify putting lives or property at risk.

Author(s)

Jonathan Kravis, Craig Jennings Lavoie, Brandon E. Martinez, and Beau C. Tremitiere, Munger, Tolles & Olson LLP, Washington, DC; Jeffrey T. Green, Sidley Austin LLP, Washington, DC; Stephen Dunkle and John T. Philipsborn, CACJ, Sacramento, CA.

Explore keywords to find information

RECENTLY ADDED & UPCOMING

  1. The Champion
    /Nacdl/media/image_library/StayInformed/Champion/ChampionCovers/March-April-2025.jpg?ext=.jpg

    March/April 2025

    What are the evidentiary implications of field sobriety tests in marijuana cases? Does the odor of marijuana give officers probable cause to search a vehicle?

  2. Amicus Brief
    /Nacdl/media/image_library/Elements/global/amicus.png

    Jenner & Block LLP v. U.S. Department of Justice

    Brief of the National Association of Criminal Defense Lawyers and New York Council of Defense Lawyers as Amici Curiae in Support of Plaintiff’s Motion for Summary Judgment.

  3. News Release
    /Nacdl/media/image_library/Elements/global/newsrelease.png

    News Release ~ Law Enforcement Executive Order

    NACDL Warns Executive Order's Dangerous Overreach Undermines Community Safety and Trust in Police – Washington, DC (April 29, 2025) – The National Association of Criminal Defense Lawyers (NACDL) expressed deep concern regarding the Executive Order titled "Strengthening and Unleashing America’s Law Enforcement to Pursue Criminals and Protect Innocent Citizens," cautioning that several of its proposals represent a dangerous overreach that undermines these goals by jeopardizing individual rights and the legitimacy of law enforcement in the eyes of the community.

  4. Event
    /Nacdl/media/image_library/Learn/nacdlcleinstitute/2025_Post-Dobbs_Trial_Tactics_2025-02-26_v02_Event-Listing_2.jpg?ext=.jpg

    Trial Tactics for Pregnancy-Related Cases: Skills for Every Defender

    LOCATION: The University of Texas School of Law, Austin, TX
    DATE: May 16-17, 2025
    COST: FREE (registration is required)
    CLE Credit: Up to 14.5 credits 

  5. Webinar
    /assets/img/nacdl_og.png

    Collaborative Approaches to Appellate Defense: Recognizing Clients' Legal Expertise

    WHEN: Thursday, May 8, 3:00-4:30pm ET / 12:00-1:30pm PT
    CLE CREDIT: not available
    COST: Free

Featured Products