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 13, 2020)
| Date | Proceedings and Orders |
|---|---|
| 07/10/2020 | Petition for a writ of certiorari filed. (Response due August 13, 2020) |
| 07/28/2020 | Motion to extend the time to file a response from August 13, 2020 to September 14, 2020, submitted to The Clerk. |
| 07/29/2020 | Motion to extend the time to file a response is granted and the time is extended to and including September 14, 2020. |
| 08/13/2020 | Brief amici curiae of National Association of Criminal Defense Lawyers and California Attorneys for Criminal Justice filed. |
| 09/14/2020 | Brief of respondent State of California in opposition filed. |
| 09/22/2020 | Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5 filed. |
| 09/23/2020 | DISTRIBUTED for Conference of 10/9/2020. |
| 09/23/2020 | Reply of petitioner Arthur Gregory Lange filed. (Distributed) |
| 10/13/2020 | DISTRIBUTED for Conference of 10/16/2020. |
| 10/19/2020 | Petition GRANTED. |
| 10/26/2020 | Amanda K. Rice, Esquire, of Ann Arbor, Michigan, is invited to brief and argue, as amicus curiae, in support of the judgment below. |
| 11/05/2020 | Motion for an extension of time to file the briefs on the merits filed. |
| 11/05/2020 | Motion to dispense with printing the joint appendix filed by petitioner Arthur Gregory Lange. |
| 11/12/2020 | 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. |
| 11/23/2020 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| 12/04/2020 | Brief of petitioner Arthur Gregory Lange filed. |
| 12/04/2020 | Brief of respondent State of California in support of vacatur filed. |
| 12/10/2020 | Brief amicus curiae of Institute for Justice filed. |
| 12/11/2020 | Brief amici curiae of DKT Liberty Project, et al. filed. |
| 12/11/2020 | Brief amici curiae of American Civil Liberties Union, et al. filed. |
| 12/11/2020 | Brief amicus curiae of Constitutional Accountability Center filed. |
| 12/11/2020 | Brief amici curiae of National Association of Criminal Defense Lawyers filed. |
| 12/11/2020 | Brief amicus curiae of The Rutherford Institute filed. |
| 12/11/2020 | 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. |
| 12/11/2020 | Brief amici curiae of States of Illinois et al. filed. |
| 12/11/2020 | Brief amici curiae of Project for Privacy & Surveillance Accountability and Restore the Fourth, Inc. filed. |
| 12/11/2020 | Brief amicus curiae of National College for DUI Defense filed. |
| 12/17/2020 | Motion for divided argument filed by petitioner Arthur Gregory Lange. |
| 12/31/2020 | SET FOR ARGUMENT on Wednesday, February 24, 2021. |
| 01/08/2021 | Brief amicus curiae of Court-appointed amicus curiae in support of the judgment below filed. |
| 01/13/2021 | Brief amici curiae of Sonoma County District Attorney’s Office and California District Attorneys Association filed. (Distributed) |
| 01/13/2021 | Brief amicus curiae of National Fraternal Order of Police filed. (Distributed) |
| 01/14/2021 | CIRCULATED |
| 01/14/2021 | Brief amici curiae of States of Ohio, Alabama, et al. filed. (Distributed) |
| 01/14/2021 | Brief amicus curiae of Los Angeles County Police Chiefs’ Association filed. (Distributed) |
| 01/15/2021 | Brief amicus curiae of United States filed. (Distributed) |
| 01/15/2021 | Motion for leave to participate in oral argument as amicus curiae and for divided argument filed by the Acting Solicitor General. |
| 01/15/2021 | Brief amicus curiae of Professor Steven Penney filed. (Distributed) |
| 01/15/2021 | Brief amicus curiae of Mothers Against Drunk Driving filed. (Distributed) |
| 01/21/2021 | Record requested. |
| 01/25/2021 | Motion for divided argument filed by petitioner GRANTED. |
| 01/25/2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 01/28/2021 | Record received from the State of California Court of Appeal First Appellate District. The record is electronically filed. |
| 02/05/2021 | Reply of petitioner Arthur Gregory Lange filed. (Distributed) |
| 02/08/2021 | Reply of respondent State of California filed. (Distributed) |
| 02/24/2021 | 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. |
| 06/23/2021 | 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. |
| 07/26/2021 | MANDATE ISSUED. |
| 07/26/2021 | JUDGMENT ISSUED. |