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Arrests for trespassing

District of Columbia v. Wesby

Updated Oct 18, 2026

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.

Illustration for District of Columbia v. Wesby
Conceptual illustration · AI-generated

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
Majority · 7joined the Court's opinion
  1. Breyer
  2. Kagan
  3. Thomaswrote the opinion
  4. Kennedy
  5. Roberts
  6. Gorsuch
  7. Alito
Concurring · 2agreed with the result, wrote separately
  1. Ginsburgwrote separately
  2. Sotomayorwrote separately
9 justices joined the judgment (2 writing separately).

What's next

The case returns to the D.C. appeals court for further proceedings.

Documents

3

Docket activity

8
  • New analysis added

    Oct 18, 2026 · Court records

  • AI analysis generated: Case Briefing

    Oct 18, 2026 · Generated

  • AI analysis generated: Decision Record

    Oct 18, 2026 · Generated

  • Case data updated: summary, question_presented, generation_metadata

    Oct 18, 2026 · Court records

  • Case data updated: question_presented, extraction_metadata

    Oct 18, 2026 · Court records

Show 3 more
  • Opinion added: Wesby

    Jan 22, 2018 · Court records

  • Opinion added: opinion

    Jan 22, 2018 · Court records

  • Brief added: Questions Presented

    Court records

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.

Checked Oct 18, 2026Methodology

Court records and filings

Reporting and analysis