If you're being pulled over, keep driving until you get home and park in your garage.
Tenth Circuit US Court of Appeals rules a police officer cannot enter a home over a minor traffic violation.
A police officer has no right to pursue a minor traffic stop into a home, according to a ruling handed down Wednesday by the US Court of Appeals for the Tenth Circuit. A three-judge panel considered what happened after police in Sulphur, Oklahoma saw a suspect allegedly driving with faulty taillights on July 23, 2007.
Murray County Deputy Sheriff Craig A. Billings signaled seventeen-year-old Joshua Burchett, who was driving the car, to pull over. Burchett continued on for two blocks, parked in the driveway of his parents’ three-bedroom home, ran inside and hid in the bathroom. Billings called for backup and Sulphur Police Officers Steve Watkins and Tony Simpson arrived at the scene.
Billings began kicking the door, which woke the parents, Jose and Christina Mascorro. Jose Mascorro opened the door and Billings pointed a gun at his head, yelling, “On your knees [expletive]. Where is he? Where is he?” When Christina Mascorro asked whether Billings had a warrant, she was blasted in the mouth with pepper spray. Billings then sprayed the other residents, including Mascorro’s 14-year-old son. Christina Mascorro retreated to a back bedroom and called 911. Officer Watkins pulled her outside while Deputy Billings kicked in the door to the bathroom, gun drawn, to retrieve Burchett.
I have to say, it's a hard call. On one hand, yes, they have no right to enter your home without a warrant, then again, you are in the commission of an illegal act - speeding - and that gives them a right to enter your property - or at least I thought it did. Maybe there are former cops here who can give more insight. Couldn't they just say whatever and mail you a ticket, make you appear in court, and then play a video of the pursuit?