Reason: Gorsuch Pushes Stronger Fourth Amendment Protections by Damon Root (“Can a cop enter a suspect’s home without a warrant if they’re in pursuit and have probable cause to believe the suspect has committed a misdemeanor?”):
Gorsuch also seemed to have a problem with California Deputy Solicitor General Samuel Harbourt’s argument that it is “settled that officers may enter a home without a warrant if they have probable cause to believe a fleeing suspect has committed a felony.” The justice offered a different view.
“We live in a world in which everything has been criminalized,” Gorsuch told Harbourt. “Some professors have even opined that there’s not an American alive who hasn’t committed a felony…under some state law. And in a world like that, why doesn’t it make sense to retreat back to the original meaning of the Fourth Amendment, which…generally says that you get to go into a home without a warrant if the officer sees a violent action or something that’s likely to lead to imminent violence?”