Warrantless Search of Utah Man’s Home To Be Supreme Court Case

By: Wallin & Klarich

The US Supreme Court has announced recently that it will hear the case of a man who was arrested in his home by officers who did not have a warrant. In the case, the man, Afton Callahan, of Utah, was being investigated by police for allegedly selling methamphetamine out of his home. The police sent an undercover informant into Callahan’s home to purchase drugs. When the informant, who was wearing a wire, purchased the drugs, he signaled police, who, without the benefit of a warrant, entered Callahan’s home and arrested him. Criminal charges were subsequently dropped against Callahan when the criminal court ruled that the conduct by the officers violated Mr. Callahan’s Fourth Amendment right to be free from unreasonable searches and seizures.

Mr. Callahan subsequently filed a lawsuit against the police in federal court for violating his constitutional rights.
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The US District Court dismissed his case, and, on appeal, the US Court of Appeals re-instated the lawsuit and the officers sought review before the US Supreme Court.
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