Arrests for trespassing
District of Columbia v. Wesby
In brief
The Supreme Court overturned the D.C. appeals court’s judgment and sent the case back for further proceedings.
- Where it stands
- Decided
Decided 9-0 · January 22, 2018 · Opinion by Justice Thomas
- What it’s about
- Police arrested people partying in a vacant home after its owner said he had not allowed anyone to enter; the partygoers said someone else had invited them.
- Who it affects
- The case returns to the D.C. appeals court for further proceedings; the Supreme Court’s order did not end the dispute.
Summary: written with AI from the case record.

What it's about
The Supreme Court overturned the appeals court’s judgment and sent the case back to the lower court (remanded).
The homeowner said he had not allowed anyone to enter; the partygoers said someone else had invited them. Officers arrested the partygoers.
The dispute centered on whether officers could treat the partygoers’ claim that someone else invited them as unreliable when deciding whether to arrest them.
Question presented
1. Whether the officers had probable cause to arrest under the Fourth Amendment, and in particular whether, when the owner of a vacant home informs police that he has not authorized entry, an officer assessing probable cause to arrest those inside for trespassing may discredit the suspects' questionable claims of an innocent mental state. 2. Whether, even if there was no probable cause to arrest the apparent trespassers, the officers were entitled to qualified immunity because the law was not clearly established in this regard.
What the Court decided
Holding
Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, Alito, Kagan, and Gorsuch, JJ., joined. Sotomayor, J., filed an opinion concurring in part and concurring in the judgment. Ginsburg, J., filed an opinion concurring in the judgment in part.
- Result
- Reversed
The vote
- Joined the judgment
- Concurred in a separate opinion
- Wrote an opinion
- Concurring · 2agreed with the result, wrote separately
- Ginsburgwrote separately
- Sotomayorwrote separately
What's next
The case returns to the D.C. appeals court for further proceedings.
Documents
Docket activity
New analysis added
AI analysis generated: Case Briefing
AI analysis generated: Decision Record
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
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Opinion added: Wesby
Opinion added: opinion
Brief added: Questions Presented
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.