{"id":3078,"date":"2009-05-16T06:37:59","date_gmt":"2009-04-21T07:57:47","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-04-21T07:57:47","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3078","title":{"rendered":"WA: Entry without warrant to arrest for DUI was unreasonable without exigency"},"content":{"rendered":"

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<\/a>, 205 P.3d 178 (Wash. App. April 16, 2009):<\/p>\n

\u00b617 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. The reckless operation of the car and consequent threat to public safety had ended. There was no suggestion that Mr. Hinshaw was armed or dangerous. He posed no threat, imminent or otherwise, to the safety of the officers or the public. His car was essentially disabled and police had last seen him on a bicycle. He was not fleeing or seeking to escape. Finally, the circumstances here did not involve violence or threats of violence. His offense had not harmed anyone, he had merely damaged property.<\/p>\n

\u00b618 Furthermore, police failed to make any showing that destruction of evidence was imminent, or that the arresting officer could not have obtained a warrant before the alcohol dissipated. The evidence offered by the State consisted solely of Officer Lopez’s testimony that, \u201cMr. Hinshaw admitted that he was drinking at a local establishment \u2026 I didn’t want to lose the alcohol evidence.\u201d CP at 46. He offered no evidence about the length of time necessary to obtain a warrant or the time required to secure the evidence. In short, police made no showing that a delay of any length would have resulted in the imminent destruction of evidence. Without evidence of some real immediate and serious consequence resulting from a delay in obtaining a warrant, the State failed to carry its burden to prove exigency.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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