Supreme Court Rules in Favor of La Mesa Police Officer in 'Hot Pursuit' Case

The U.S. Supreme Court has issued a ruling in favor of a La Mesa police officer, and rebuked an appeals court for supporting the "hot pursuit" case, according to a U-T San Diego report. An attorney for the plaintiff says the case is not over, however.

The justices' Nov. 4 opinion rules Officer Mike Stanton should not be held personally liable in a case filed against him by La Mesa homeowner Drendolyn Sims.

Sims argued that her rights against unreasonable search without a warrant were violated when Stanton entered her yard May 27, 2008, while pursuing a suspect. Sims was injured in the incident.

The Supreme Court opinion states an officer is entitled to “qualified immunity,” which gives police “breathing room” to make snap judgments as long as they aren’t plainly and willfully breaking the law.

According to U-T San Diego, the high court did not rule on whether police have a constitutional right to enter private property when in "hot pursuit" of a suspect. In the federal lawsuit filed by Sims against the officer and La Mesa, the city was dismissed from the case, and a U.S. District Court judge tossed out the case against Stanton.

The San Diego judge ruled the entry was justified due to the potentially dangerous circumstances, and noted the homeowner's expectation of privacy should be lesser in her yard than in her house.

The 9th U.S. Circuit Court of Appeals disagreed, however, ruling the officer's entry was unconstitutional. The Nov. 4 ruling acknowledges state and federal courts are divided on this issue of where officers are allowed to go during “hot pursuit." 

The case now goes back to the lower courts.