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Lange v. California
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 20-18 | Cal. Ct. App. | Feb 24, 2021 | Jun 23, 2021 | 9-0 | Kagan | OT 2020 |
Holding: Under the Fourth Amendment, pursuit of a fleeing misdemeanor suspect does not always or categorically qualify as an exigent circumstance justifying a warrantless entry into a home.
Judgment: Vacated and remanded, 9-0, in an opinion by Justice Kagan on June 23, 2021. Justice Thomas joined the opinion as to all but Part II–A, and filed an opinion concurring in part and concurring in the judgment, in which Justice Kavanaugh joined as to Part II. Justice Kavanaugh filed a concurring opinion. Chief Justice Roberts filed an opinion concurring in the judgment, in which Justice Alito joined.
SCOTUSblog Coverage
- Court declines to endorse warrantless entries in all “hot pursuits” for misdemeanors (Amy Howe, June 23, 2021)
- Justices hear argument on whether “hot pursuit” for misdemeanors allows police to enter home without a warrant (Amy Howe, February 24, 2021)
- Justices to consider whether “hot pursuit” justifies entering the home without a warrant (Amy Howe, February 23, 2021)
- February argument calendar includes immigration, voting-rights cases (Amy Howe, December 31, 2020)
- Justices take up Fourth Amendment case (Amy Howe, October 19, 2020)
- Relist Watch (John Elwood, October 14, 2020)
- Petitions of the week: Title VII for the military, Medicaid work requirements and more (Andrew Hamm, August 12, 2020)
| Date | Proceedings and Orders |
|---|---|
| Jul 10 2020 | Petition for a writ of certiorari filed. (Response due August 13, 2020) |
| Jul 28 2020 | Motion to extend the time to file a response from August 13, 2020 to September 14, 2020, submitted to The Clerk. |
| Jul 29 2020 | Motion to extend the time to file a response is granted and the time is extended to and including September 14, 2020. |
| Aug 13 2020 | Brief amici curiae of National Association of Criminal Defense Lawyers and California Attorneys for Criminal Justice filed. |
| Sep 14 2020 | Brief of respondent State of California in opposition filed. |
| Sep 22 2020 | Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5 filed. |
| Sep 23 2020 | DISTRIBUTED for Conference of 10/9/2020. |
| Sep 23 2020 | Reply of petitioner Arthur Gregory Lange filed. (Distributed) |
| Oct 13 2020 | DISTRIBUTED for Conference of 10/16/2020. |
| Oct 19 2020 | Petition GRANTED. |
| Oct 26 2020 | Amanda K. Rice, Esquire, of Ann Arbor, Michigan, is invited to brief and argue, as amicus curiae, in support of the judgment below. |
| Nov 05 2020 | Motion for an extension of time to file the briefs on the merits filed. |
| Nov 05 2020 | Motion to dispense with printing the joint appendix filed by petitioner Arthur Gregory Lange. |
| Nov 12 2020 | Motion for an extension of time to file the briefs on the merits granted. The time to file the joint appendix, petitioner's brief on the merits, and respondent's brief on the merits in support is extended to and including December 4, 2020. The time to file the brief of the Court-appointed amicus curiae in support of the judgment below is extended to and including January 8, 2021. |
| Nov 23 2020 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| Dec 04 2020 | Brief of petitioner Arthur Gregory Lange filed. |
| Dec 04 2020 | Brief of respondent State of California in support of vacatur filed. |
| Dec 10 2020 | Brief amicus curiae of Institute for Justice filed. |
| Dec 11 2020 | Brief amici curiae of DKT Liberty Project, et al. filed. |
| Dec 11 2020 | Brief amici curiae of American Civil Liberties Union, et al. filed. |
| Dec 11 2020 | Brief amicus curiae of Constitutional Accountability Center filed. |
| Dec 11 2020 | Brief amici curiae of National Association of Criminal Defense Lawyers filed. |
| Dec 11 2020 | Brief amicus curiae of The Rutherford Institute filed. |
| Dec 11 2020 | Brief amici curiae of Gun Owners of America, Gun Owners Foundation, Gun Owners of California, DownsizeDC.org, Downsize DC Foundation, Conservative Legal Defense and Education Fund, and Restoring Liberty Action Committee filed. |
| Dec 11 2020 | Brief amici curiae of States of Illinois et al. filed. |
| Dec 11 2020 | Brief amici curiae of Project for Privacy & Surveillance Accountability and Restore the Fourth, Inc. filed. |
| Dec 11 2020 | Brief amicus curiae of National College for DUI Defense filed. |
| Dec 17 2020 | Motion for divided argument filed by petitioner Arthur Gregory Lange. |
| Dec 31 2020 | SET FOR ARGUMENT on Wednesday, February 24, 2021. |
| Jan 08 2021 | Brief amicus curiae of Court-appointed amicus curiae in support of the judgment below filed. |
| Jan 13 2021 | Brief amici curiae of Sonoma County District Attorney’s Office and California District Attorneys Association filed. (Distributed) |
| Jan 13 2021 | Brief amicus curiae of National Fraternal Order of Police filed. (Distributed) |
| Jan 14 2021 | CIRCULATED |
| Jan 14 2021 | Brief amici curiae of States of Ohio, Alabama, et al. filed. (Distributed) |
| Jan 14 2021 | Brief amicus curiae of Los Angeles County Police Chiefs’ Association filed. (Distributed) |
| Jan 15 2021 | Brief amicus curiae of United States filed. (Distributed) |
| Jan 15 2021 | Motion for leave to participate in oral argument as amicus curiae and for divided argument filed by the Acting Solicitor General. |
| Jan 15 2021 | Brief amicus curiae of Professor Steven Penney filed. (Distributed) |
| Jan 15 2021 | Brief amicus curiae of Mothers Against Drunk Driving filed. (Distributed) |
| Jan 21 2021 | Record requested. |
| Jan 25 2021 | Motion for divided argument filed by petitioner GRANTED. |
| Jan 25 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Jan 28 2021 | Record received from the State of California Court of Appeal First Appellate District. The record is electronically filed. |
| Feb 05 2021 | Reply of petitioner Arthur Gregory Lange filed. (Distributed) |
| Feb 08 2021 | Reply of respondent State of California filed. (Distributed) |
| Feb 24 2021 | Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. For respondent supporting vacatur: Samuel T. Harbourt, Deputy Solicitor General, San Francisco, Cal. For Court-appointed amicus curiae in support of the judgment below: Amanda K. Rice, Detroit, Mich. For United States, as amicus curiae, supporting affirmance: Erica L. Ross, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| Jun 23 2021 | Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Breyer, Sotomayor, Gorsuch, Kavanaugh, and Barrett, JJ., joined, and in which Thomas, J., joined as to all but Part II–A. Kavanaugh, J., filed a concurring opinion. Thomas, J., filed an opinion concurring in part and concurring in the judgment, in which Kavanaugh, J., joined as to Part II. Roberts, C. J., filed an opinion concurring in the judgment, in which Alito, J., joined. |
| Jul 26 2021 | MANDATE ISSUED. |
| Jul 26 2021 | JUDGMENT ISSUED. |
