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SALT LAKE CITY (AP) -- The U.S. Supreme Court said Friday it will hear a Utah case that disputes when police can enter a residence without a search warrant.
Justices will consider officers' handling of an early morning complaint in Brigham City about a loud party. The officers peered through a door and windows and saw four adults restraining a juvenile, who then broke free and punched one of the adults in the face.
Officers then entered the home and arrested the adults, who were charged with intoxication, disorderly conduct and contributing to the delinquency of a minor.
A Utah district judge threw out the charges on the grounds that police did not have a warrant.
Brigham City also lost the case -- Brigham City v. Stuart -- on appeal and was suppressed by a trial court, which stated offices were in violation of the Fourth Amendment of the U.S. Constitution.
On appeal, Utah Assistant Attorney General Jeff Grey argued that the courts are divided on what emergency circumstances must prevail to allow police to make a warrantless entry.
"The Brigham City officers' entry into the home was not only reasonable but compelled by the circumstances. The officers would have been derelict in their duty had they not acted," said Grey.
The state contends that restricting officers from making split-second decisions about entry limits their ability to protect the public or not intervene and prevent additional violence.
Utah is supported in its position by 16 other states.
The high court is expected to hear the case in April and Grey said he expects a decision by June.
(Copyright 2006 by The Associated Press. All Rights Reserved.)
