Can police follow a suspected drunk driver into their home?

On Behalf of | Oct 8, 2024 | DUI/DWI Defense |

There have been cases throughout the country where people convicted for DUI and other drunk driving offenses after police followed them into their garages have appealed their convictions. The basis of their appeals was that their Fourth Amendment rights were violated. 

The Fourth Amendment of the U.S. Constitution protects people from “unreasonable searches and seizures.” That typically means police can’t enter a person’s home without a warrant. Courts have carved out exceptions over the years (known as “exigent circumstances”) where police don’t need a warrant if they believe someone is being harmed or evidence is being disposed of.  

Earlier this year, a woman in another state got her drunk driving conviction overturned when the state appeals court determined that police responding to calls about an erratic driver had no legal right to detain her after she drove home and her car was in her garage.

One case made it to the U.S. Supreme Court

Several years ago, a very similar case in yet another state got all the way up to the U.S. Supreme Court, with the defendant arguing that his Fourth Amendment rights were violated when he was arrested for drunk driving after he’d made it into his garage. (The officer reportedly didn’t turn on his flashing lights until the man was in his driveway.)

The high court’s majority ruling stated in part, “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.”

While these cases might seem like unusual circumstances, everyone needs to understand when police do and don’t have a right to enter your property. That’s just one reason why it’s important not to face the justice system without having legal guidance to protect your rights and help you determine the best way forward.

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