Brigham City, Utah v. Stuart

Brief filed 03/28/06

Brief filed: 03/28/2006

Documents

Brigham City, Utah v. Stuart

United States Supreme Court; Case No. 05-502

Question Presented

(1) Does the "emergency aid exception" to the warrant requirement recognized in Mincey v. Arizona, 437 U.S. 385 (1978), turn on an officer's subjective motivation for entering the home? (2) Was the gravity of the "emergency" or "exigency" sufficient to justify, under the Fourth Amendment, the officers' entry into the home?

Argument(s)

 

Author(s)

Jonathan D. Hacker and Shannon M. Pazur, O’Melveny & Myers LLP.