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SCOTUS argument Tuesday: Pearson v. Callahan on scope of consent

By John Wesley Hall, Jr.

On Tuesday, the Supreme Court hears argument in Pearson v. Callahan, 07-751. SCOTUS Blog entry here. The issue: Whether, for qualified immunity purposes, police officers may enter a home without a warrant on the theory that the owner consented to the entry by previously permitting an undercover informant into the home. In addition to the questions presented, the Court directed the parties to brief and argue the following question: “Whether the Court’s decision in Saucier v. Katz, 533 U.S. 194 (2001) should be overruled?” Qualified immunity is a separate question from the merits of the Fourth Amendment claim, and it can lead to odd results on whether the Fourth Amendment was violated. Petitioner's brief here, Respondent's brief here, and reply brief here.continue to full post

Full post as published by Fourth Amendment on October 13, 2008 (boomark / email).