How far can law enforcement officers follow a person whom they suspect of driving while under the influence? Can they follow them to their home and into their garage?
A New Jersey woman argued that when Sussex County police did that to her back in 2019, they violated her constitutional rights – specifically her Fourth Amendment protection against police entering her home without a warrant. Her first appeal of her DWI conviction was unsuccessful. This summer, however, the state appeals court overturned the conviction.
A recent New Jersey appeals court decision
In its ruling, the court didn’t question the officer’s “reasonable suspicion” that led them to the stop after multiple people called 911 about her “erratic driving.” However, the court determined that the officer had no right to detain her after she drove home and into her garage.
That would only have been legal if there had been “exigent circumstances.” These are situations, like a person being in immediate danger, that allow officers to enter someone’s property without their permission or a warrant.
The case also raises the question of whether someone calling 911 about an erratic driver is enough to create the reasonable suspicion needed to stop a driver – even if officers don’t actually witness the erratic driving. Both the New Jersey and U.S. Supreme Courts have determined in other cases that it is. It’s also possible, as the prosecution pointed out in the original case, that a driver might be suffering a medical emergency.
Another case that made it to the U.S. Supreme Court
These cases aren’t as unusual as you might think. In fact, several years ago, a similar case across the country made it all the way to the U.S. Supreme Court. A man was followed home and into his garage by the California Highway Patrol (CHP) where he was arrested for drunk driving. He also argued that his Fourth Amendment rights had been violated.
In a relatively rare unanimous decision, the high court ruled in the defendant’s favor. In the decision, Justice Elena Kagan wrote, “The need to pursue a misdemeanant does not trigger a categorical rule allowing home entry, even absent a law enforcement emergency. When the nature of the crime, the nature of the flight, and surrounding facts present no such exigency, officers must respect the sanctity of the home — which means that they must get a warrant.”
Regardless of the situation under which someone is arrested and charged with impaired driving, it’s wise to seek legal guidance rather than try to go it alone against the criminal justice system, partially due to ever-evolving interpretations of the law.
Subscribe To This Blog’s Feed
