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WA: Entry without warrant to arrest for DUI was unreasonable without exigency

By John Wesley Hall, Jr.

Defendant was suspected of having driven his vehicle on a bike path after a citizen's report. They found his car at his house and talked to him through the screen door, which he declined to open. They could smell alcohol. While he was likely under the influence, the entry to arrest without a warrant was unreasonable because there was no sufficient exigency to justify it, partly because his vehicle was disabled [which mitigates this ruling]. State v. Hinshaw, 2009 Wash. App. LEXIS 864 (April 16, 2009): ¶17 We disagree. The police here presented no evidence of a major crisis demanding immediate entry into Mr. Hinshaw's home. The record shows that police had probable cause to believe Mr. Hinshaw had become intoxicated and had driven home where he remained...continue to full post

Full post as published by Fourth Amendment on April 21, 2009 (boomark / email).