brigham
city
utah
stuart
et
argued
april
decided
may
responding
call
loud
party
police
arrived
house
question
heard
shouting
inside
proceeded
driveway
saw
two
juveniles
drinking
beer
backyard
entering
yard
saw
screen
door
windows
altercation
kitchen
four
adults
juvenile
punched
one
adults
causing
spit
blood
sink
officer
opened
screen
door
announced
officers
presence
unnoticed
amid
tumult
officer
entered
kitchen
cried
whereupon
altercation
gradually
subsided
officers
arrested
respondents
charged
contributing
delinquency
minor
related
offenses
trial
granted
motion
suppress
evidence
obtained
officers
entered
home
ground
warrantless
entry
violated
fourth
amendment
utah
appeals
affirmed
affirming
state
held
injury
caused
juvenile
punch
insufficient
trigger
emergency
aid
doctrine
give
rise
objectively
reasonable
belief
unconscious
semiconscious
missing
person
feared
injured
dead
home
furthermore
suggested
doctrine
inapplicable
officers
sought
assist
injured
adult
acted
exclusively
law
enforcement
capacity
also
held
entry
fall
within
exigent
circumstances
exception
warrant
requirement
held
police
may
enter
home
without
warrant
objectively
reasonable
basis
believing
occupant
seriously
injured
imminently
threatened
injury
fourth
amendment
ultimate
touchstone
reasonableness
warrant
requirement
subject
certain
exceptions
example
one
exigency
obviating
requirement
need
render
emergency
assistance
occupants
private
property
seriously
injured
threatened
injury
mincey
arizona
repeatedly
rejected
respondents
contention
assessing
reasonableness
entry
consideration
given
subjective
motivations
individual
officers
officers
subjective
motivation
irrelevant
bond
matter
whether
entered
kitchen
arrest
respondents
gather
evidence
assist
injured
prevent
violence
indianapolis
edmond
florida
wells
distinguished
relying
holding
welsh
wisconsin
important
factor
considered
determining
whether
exigency
exists
gravity
underlying
offense
arrest
made
respondents
contend
conduct
serious
enough
justify
officers
intrusion
home
contention
misplaced
welsh
potential
emergency
confronting
officers
need
preserve
evidence
suspect
level
exigency
held
insufficient
circumstances
justify
warrantless
entry
suspect
home
ibid
officers
confronted
ongoing
violence
occurring
within
home
situation
welsh
address
officers
entry
plainly
reasonable
circumstances
given
tumult
house
arrived
obvious
knocking
front
door
futile
moreover
light
fracas
observed
kitchen
officers
objectively
reasonable
basis
believing
injured
adult
might
need
help
violence
beginning
nothing
fourth
amendment
required
wait
another
blow
rendered
someone
unconscious
semiconscious
worse
entering
manner
entry
also
reasonable
since
nobody
heard
first
announcement
presence
announcing
officer
stepped
kitchen
announced
tumult
subsided
announcement
least
equivalent
knock
screen
door
circumstances
violation
fourth
amendment
rule
furthermore
announcement
made
officers
free
enter
serve
purpose
make
stand
dumbly
door
awaiting
response
within
brawled
oblivious
presence
pp
ut
reversed
remanded
roberts
delivered
opinion
unanimous
stevens
filed
concurring
opinion
brigham
city
utah
petitioner
charles
stuart
et
al
writ
certiorari
utah
may
chief
justice
roberts
delivered
opinion
case
consider
whether
police
may
enter
home
without
warrant
objectively
reasonable
basis
believing
occupant
seriously
injured
imminently
threatened
injury
conclude
may
case
arises
melee
occurred
brigham
city
utah
home
early
morning
hours
july
four
police
officers
responded
call
regarding
loud
party
residence
upon
arriving
house
heard
shouting
inside
proceeded
driveway
investigate
observed
two
juveniles
drinking
beer
backyard
entered
backyard
saw
screen
door
windows
altercation
taking
place
kitchen
home
according
testimony
one
officers
four
adults
attempting
difficulty
restrain
juvenile
juvenile
eventually
broke
free
swung
fist
struck
one
adults
face
ut
officer
testified
observed
victim
blow
spitting
blood
nearby
sink
app
adults
continued
try
restrain
juvenile
pressing
refrigerator
force
refrigerator
began
moving
across
floor
point
officer
opened
screen
door
announced
officers
presence
amid
tumult
nobody
noticed
officer
entered
kitchen
cried
occupants
slowly
became
aware
police
scene
altercation
ceased
officers
subsequently
arrested
respondents
charged
contributing
delinquency
minor
disorderly
conduct
intoxication
trial
respondents
filed
motion
suppress
evidence
obtained
officers
entered
home
arguing
warrantless
entry
violated
fourth
amendment
granted
motion
utah
appeals
affirmed
utah
brigham
city
argued
although
officers
lacked
warrant
entry
nevertheless
reasonable
either
two
grounds
rejected
contentions
two
dissenters
affirmed
first
held
injury
caused
juvenile
punch
insufficient
trigger
emergency
aid
doctrine
give
rise
objectively
reasonable
belief
unconscious
missing
person
feared
injured
dead
home
internal
quotation
marks
omitted
furthermore
suggested
doctrine
inapplicable
officers
sought
assist
injured
adult
instead
acted
exclusively
law
enforcement
capacity
ibid
also
held
entry
fall
within
exigent
circumstances
exception
warrant
requirement
exception
applies
explained
police
probable
cause
reasonable
person
believe
entry
necessary
prevent
physical
harm
officers
persons
internal
quotation
marks
omitted
standard
stated
potential
harm
need
serious
required
invoke
emergency
aid
exception
although
found
case
close
difficult
call
nevertheless
concluded
officers
entry
justified
exigent
circumstances
granted
certiorari
light
differences
among
state
courts
courts
appeals
concerning
appropriate
fourth
amendment
standard
governing
warrantless
entry
law
enforcement
emergency
situation
compare
sealed
case
cadc
standard
exigent
circumstances
objective
one
people
hebert
en
banc
considering
circumstances
objectively
examined
prudent
trained
police
officer
cervantes
nder
emergency
doctrine
search
must
primarily
motivated
intent
arrest
seize
quoting
people
mitchell
state
mountford
mitchell
test
requir
es
courts
find
primary
subjective
motivation
behind
searches
provide
emergency
aid
ii
basic
principle
fourth
amendment
law
searches
seizures
inside
home
without
warrant
presumptively
unreasonable
groh
ramirez
quoting
payton
new
york
internal
quotation
marks
omitted
nevertheless
ultimate
touchstone
fourth
amendment
reasonableness
warrant
requirement
subject
certain
exceptions
flippo
west
virginia
per
curiam
katz
held
example
law
enforcement
officers
may
make
warrantless
entry
onto
private
property
fight
fire
investigate
cause
michigan
tyler
prevent
imminent
destruction
evidence
ker
california
engage
hot
pursuit
fleeing
suspect
santana
arrants
generally
required
search
person
home
person
unless
exigencies
situation
make
needs
law
enforcement
compelling
warrantless
search
objectively
reasonable
fourth
amendment
mincey
arizona
one
exigency
obviating
requirement
warrant
need
assist
persons
seriously
injured
threatened
need
protect
preserve
life
avoid
serious
injury
justification
otherwise
illegal
absent
exigency
emergency
quoting
wayne
cadc
burger
see
also
tyler
supra
accordingly
law
enforcement
officers
may
enter
home
without
warrant
render
emergency
assistance
injured
occupant
protect
occupant
imminent
injury
mincey
supra
see
also
georgia
randolph
slip
silly
suggest
police
commit
tort
entering
determine
whether
violence
threat
violence
occurred
soon
occur
respondents
take
issue
principles
instead
advance
two
reasons
officers
entry
unreasonable
first
argue
officers
interested
making
arrests
quelling
violence
urge
us
consider
assessing
reasonableness
entry
whether
officers
indeed
motivated
primarily
desire
save
lives
property
brief
respondents
see
also
brief
national
association
criminal
defense
lawyers
amicus
curiae
entry
render
emergency
assistance
justifies
search
searching
officer
acting
outside
traditional
capacity
utah
also
considered
officers
subjective
motivations
relevant
see
search
emergency
aid
doctrine
may
primarily
motivated
intent
arrest
seize
evidence
internal
quotation
marks
omitted
cases
repeatedly
rejected
approach
action
reasonable
fourth
amendment
regardless
individual
officer
state
mind
long
circumstances
viewed
objectively
justify
action
scott
emphasis
added
officer
subjective
motivation
irrelevant
see
bond
parties
properly
agree
subjective
intent
law
enforcement
officer
irrelevant
determining
whether
officer
actions
violate
fourth
amendment
issue
state
mind
objective
effect
actions
whren
unwilling
entertain
fourth
amendment
challenges
based
actual
motivations
individual
officers
graham
connor
ur
prior
cases
make
clear
subjective
motivations
individual
officers
ha
bearing
whether
particular
seizure
fourth
amendment
therefore
matter
even
subjective
motives
neatly
unraveled
whether
officers
entered
kitchen
arrest
respondents
gather
evidence
assist
injured
prevent
violence
respondents
note
held
context
programmatic
searches
conducted
without
individualized
suspicion
checkpoints
combat
drunk
driving
drug
trafficking
inquiry
programmatic
purpose
sometimes
appropriate
indianapolis
edmond
emphasis
added
see
also
florida
wells
inventory
search
must
regulated
standardized
criteria
established
routine
ruse
general
rummaging
order
discover
incriminating
evidence
inquiry
directed
ensuring
purpose
behind
program
ultimately
indistinguishable
general
interest
crime
control
edmond
nothing
discerning
mind
individual
officer
conducting
search
respondents
contend
conduct
serious
enough
justify
officers
intrusion
home
rely
welsh
wisconsin
held
important
factor
considered
determining
whether
exigency
exists
gravity
underlying
offense
arrest
made
contention
misplaced
welsh
involved
warrantless
entry
officers
arrest
suspect
driving
intoxicated
potential
emergency
confronting
officers
need
preserve
evidence
suspect
level
exigency
held
insufficient
circumstances
justify
entry
suspect
home
ibid
officers
confronted
ongoing
violence
occurring
within
home
welsh
address
situation
think
officers
entry
plainly
reasonable
circumstances
officers
responding
morning
complaints
loud
party
approached
house
hear
within
altercation
occurring
kind
fight
app
loud
tumultuous
officers
heard
thumping
crashing
people
yelling
stop
stop
get
trial
found
obvious
knocking
front
door
futile
noise
seemed
coming
back
house
looking
front
window
seeing
nothing
officers
proceeded
around
back
investigate
found
two
juveniles
drinking
beer
backyard
see
fracas
taking
place
inside
kitchen
juvenile
fists
clenched
held
back
several
adults
officers
watch
breaks
free
strikes
one
adults
face
sending
adult
sink
spitting
blood
circumstances
officers
objectively
reasonable
basis
believing
injured
adult
might
need
help
violence
kitchen
beginning
nothing
fourth
amendment
required
wait
another
blow
rendered
someone
unconscious
worse
entering
role
peace
officer
includes
preventing
violence
restoring
order
simply
rendering
first
aid
casualties
officer
like
boxing
hockey
referee
poised
stop
bout
becomes
manner
officers
entry
also
reasonable
witnessing
punch
one
officers
opened
screen
door
yelled
police
nobody
heard
stepped
kitchen
announced
tumult
subside
officer
announcement
presence
least
equivalent
knock
screen
door
indeed
probably
option
even
chance
rising
din
circumstances
violation
fourth
amendment
rule
furthermore
announcement
made
officers
free
enter
serve
purpose
require
stand
dumbly
door
awaiting
response
within
brawled
oblivious
presence
accordingly
reverse
judgment
utah
remand
case
proceedings
inconsistent
opinion
ordered
brigham
city
utah
petitioner
charles
stuart
et
al
writ
certiorari
utah
may
justice
stevens
concurring
odd
flyspeck
case
charges
pending
respondents
past
six
years
minor
offenses
intoxication
contributing
delinquency
minor
disorderly
conduct
two
proved
evidence
gathered
responding
officers
entered
home
maximum
punishment
crimes
ranges
days
months
jail
unanimous
opinion
restating
rules
federal
law
clearly
persuasive
hard
imagine
outcome
ever
doubt
circumstances
difficult
question
following
peculiar
utah
trial
judge
intermediate
state
appellate
utah
found
fourth
amendment
violation
facts
prosecution
chose
pursue
matter
way
voted
grant
petition
writ
certiorari
possible
explanation
first
suppression
ruling
correct
matter
utah
law
neither
trial
counsel
trial
judge
bothered
identify
utah
constitution
independent
basis
decision
expect
prosecution
appeal
plausible
explanation
latter
two
decisions
made
police
officers
utah
may
enter
home
without
warrant
see
ongoing
violence
course
reversing
utah
conclusion
contrary
purpose
laudable
though
may
achieved
case
holding
today
addresses
limitations
placed
federal
constitution
search
issue
authority
decide
whether
police
case
violated
utah
constitution
utah
however
made
clear
utah
constitution
provides
greater
protection
privacy
home
fourth
amendment
see
state
debooy
ut
complained
case
respondents
failure
raise
adequately
brief
state
constitutional
challenge
thus
preventing
state
courts
deciding
case
anything
fourth
amendment
grounds
see
ut
urpris
ed
reluctance
litigants
take
develop
state
constitutional
analysis
expressly
invited
future
litigants
bring
challenges
utah
constitution
enable
fulfill
responsibility
guardians
individual
liberty
citizens
undertak
principled
exploration
interplay
federal
state
protections
individual
rights
fact
admonishment
request
came
utah
case
demonstrates
prosecution
selected
wrong
case
establishing
rule
wants
indicates
utah
probably
adopt
rule
matter
state
constitutional
law
reject
today
federal
constitution
whether
forecast
accurate
see
reason
cause
utah
courts
redecide
question
matter
state
law
federal
interests
offended
single
state
elects
provide
greater
protection
citizens
federal
constitution
requires
indeed
continue
believe
policy
judicial
restraint
one
allows
decisional
bodies
last
word
legal
interpretation
truly
necessary
intervene
enables
make
effective
contribution
federal
system
government
michigan
long
stevens
dissenting
thus
join
opinion
remain
persuaded
vote
deny
state
petition
certiorari
correct
footnotes
indeed
prosecution
prepared
trial
order
granting
respondents
motion
suppress
see
ut
app