Can a Misdemeanor Count as an “Emergency” for Purposes of Skipping the Warrant?

SHERRY F. COLB

Cornell law professor Sherry F. Colb comments on a case currently before the U.S. Supreme Court that presents the question whether the exigent circumstances exception to the warrant requirement applies when the suspect may have committed a misdemeanor, as opposed to a more serious crime. Colb argues that if the Court believes that a misdemeanor (or a particular misdemeanor) is not important enough to justify the invasion of a person’s home, then it ought perhaps to hold that the police officer in the present should not have entered the suspect’s home, period, with or without a warrant.

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United States v. Ho

Docket: 19-761

Opinion Date: December 29, 2020

Judge: Richard J. Sullivan

Areas of Law: Criminal Law

The Second Circuit affirmed defendant's conviction for conspiracy to violate the Foreign Corrupt Practices Act (FCPA), conspiracy to commit money laundering, substantive money laundering, and violations of the FCPA. Defendant, as an officer or director of a U.S.- based organization, paid bribes on behalf of a Chinese company to the leaders of Chad and Uganda in exchange for commercial advantages. The court held that the evidence was insufficient to support defendant's FCPA conviction under 15 U.S.C. 78dd-2; defendant offers no basis to disturb his money laundering convictions where a violation of section 78dd-3 is sufficient to establish specified unlawful activity under the money laundering statute, and a wire that passes through the United States can be covered by 18 U.S.C. 1956(a)(2)(A); defendant's evidentiary challenges are without merit; and the indictment properly charged defendant under different sections of the FCPA.