AR: Entry into garage in defendant’s flight from a DWI stop was hot pursuit

Flight from a DWI stop that was based on reasonable suspicion into defendant’s garage enabled the police to follow in hot pursuit and make an arrest. Stutte v. State, 2014 Ark. App. 139, 2014 Ark. App. LEXIS 192 (February 26, 2014) (4-2):

The facts of this case are further distinguishable from Norris and Welsh because the police here were in hot pursuit of a suspect. Appellant relies on Butler v. State, 309 Ark. 211, 829 S.W.2d 412 (1992), in arguing that hot pursuit involving a minor offense does not constitute an exigent circumstance. The offense in Butler, however, was disorderly conduct, which our supreme court noted was a Class C misdemeanor. Butler summoned the police to his home and spoke with an officer on his porch before communication “deteriorated.” Butler then re-entered his home and the officer followed, announcing that he was under arrest. Our supreme court held that, under these circumstances, there is no exigent circumstance that would allow the warrantless entry into the home for “what is concededly, at most, a petty disturbance.” Id. at 217, 829 S.W.2d at 415. The circumstances and the offenses involved here clearly distinguish this case from Butler.