Washington State DUI Law Update - The Police Cannot Arrest You in Your Home Without a Warrant
Every once in a while a case comes down from the Washington State Supreme Court that makes you really think they know what they are doing. In this case, the high court issued a ruling regarding a drunk driving (DUI) charge in which the officers entered the defendant's home without permission, without a warrant, and without exigent circumstances, a big no-no in police procedure. Outlined below is a slightly more in-depth synopsis of the facts, a brief overview of the ruling, and a little analysis about what it all means.
The name of the case is State v. Hinshaw, and you can read the entire text, if you want, here [http://www.courts.wa.gov/opinions/?fa=opinions.disp&filename=269001MAJ]. As was alluded to, the result of this case was an arrest in Moses Lake Washington, about 180 miles east of Tacoma, for DUI. But how the officers ended up arresting Hinshaw is kind of interesting. The case started with a call from a citizen who reported that someone was driving a car on a local bike path. When the officers spoke with the person who made the call, they stated they thought they heard a tire blow out as the car drove away.
As police are apt to do, particularly in small towns, after speaking with the person who made the call, they began investigating the report to find the car and see what was going on. While checking things out they saw a guy on a bike, who turned out to be Hinshaw, and asked him if he knew or had seen anything. Hinshaw said he was a passenger inside the car, but had not been driving. The cops let him go without further incident and continued looking around.
Shortly after letting Hinshaw go, they found the car. It was in front of Hinshaw's house and had a blown out tire. They approached Hinshaw's house and knocked on the door. Hinshaw answered it but a screen door remained between the officers and Hinshaw. At this time the officer's said they smelled alcohol on Hinshaw's breath and he admitted to drinking at a bar that night. After this information was obtained, the officer opened the door and arrested Hinshaw for drunk driving.
As he should have done, Hinshaws DUI lawyer challenged the arrest as being unlawful. The DUI lawyer knew that in Washington it is illegal to arrest someone in their home without a warrant, exigent circumstances, or permission (to enter the home). In this case, the attorney argued that no warrant existed and no exigent circumstances existed. The prosecutor's countered by arguing that exigent circumstances did exist, as the officers were concerned the evidence of Hinshaw's drunkeness - his breath test results - would be lost if they tried to get a warrant. The trial court ruled in favor of the prosecutor (surprise) and the case eventually made its way up to the Washington State Supreme Court.
Upon review, the court sided with Mr. Hinshaw's Seattle criminal defense lawyer [http://www.fightyourseattledui.com/seattlecriminalattorneys.aspx], finding it unreasonable that the officers didn't even attempt to get a warrant, particularly in light of the fact that a warrant like this would have been easily attainable (the cops are used to needing late night warrants), and so long as they got to Hinshaw before two hours had elapsed, the test would still be valid and could be backdated to the time of the alleged driving. The court further commented on the sanctity of the home both in common law and as outlined in the Constitution, and was remiss to take away protections specifically provided for in the Constitution.
So what does this mean for you, the Kent, Washington resident who, after a long week at work decided to have a few drinks? It doesn't mean much, unless you somehow make it home and are then confronted with a DUI charge. This does not mean that you should leave the scene of any accident that occurs while you are driving a vehicle, even if you are drunk. The cops will come with a warrant, take you out of your home, and in addition to a DUI charge you'll be facing a hit and run, among other things.
What it does do though is recall the age old lesson: you do not have to and should not under most circumstance consent to any request by the police to do anything. Not to a search, not to come into your house, not to answer questions, not anything. And for sure you should never do it without your criminal defense attorney [http://www.fightyourseattledui.com/seattlecriminalattorneys.aspx] present. So, if you ever find the cops at your door questioning you and they ask to come in or ask you to come out, politely decline, come up with an excuse, and say good night. If they want you and can get you they will. There is no reason you should help them out.
This artcle is written by someone interested in DUI Law in Washington state, and in particular Kent, Washington, who reminds you that if you are ever stopped for driving under the influence, don't hesitate to call your Kent DUI lawyer to make sure your rights preserved.
The name of the case is State v. Hinshaw, and you can read the entire text, if you want, here [http://www.courts.wa.gov/opinions/?fa=opinions.disp&filename=269001MAJ]. As was alluded to, the result of this case was an arrest in Moses Lake Washington, about 180 miles east of Tacoma, for DUI. But how the officers ended up arresting Hinshaw is kind of interesting. The case started with a call from a citizen who reported that someone was driving a car on a local bike path. When the officers spoke with the person who made the call, they stated they thought they heard a tire blow out as the car drove away.
As police are apt to do, particularly in small towns, after speaking with the person who made the call, they began investigating the report to find the car and see what was going on. While checking things out they saw a guy on a bike, who turned out to be Hinshaw, and asked him if he knew or had seen anything. Hinshaw said he was a passenger inside the car, but had not been driving. The cops let him go without further incident and continued looking around.
Shortly after letting Hinshaw go, they found the car. It was in front of Hinshaw's house and had a blown out tire. They approached Hinshaw's house and knocked on the door. Hinshaw answered it but a screen door remained between the officers and Hinshaw. At this time the officer's said they smelled alcohol on Hinshaw's breath and he admitted to drinking at a bar that night. After this information was obtained, the officer opened the door and arrested Hinshaw for drunk driving.
As he should have done, Hinshaws DUI lawyer challenged the arrest as being unlawful. The DUI lawyer knew that in Washington it is illegal to arrest someone in their home without a warrant, exigent circumstances, or permission (to enter the home). In this case, the attorney argued that no warrant existed and no exigent circumstances existed. The prosecutor's countered by arguing that exigent circumstances did exist, as the officers were concerned the evidence of Hinshaw's drunkeness - his breath test results - would be lost if they tried to get a warrant. The trial court ruled in favor of the prosecutor (surprise) and the case eventually made its way up to the Washington State Supreme Court.
Upon review, the court sided with Mr. Hinshaw's Seattle criminal defense lawyer [http://www.fightyourseattledui.com/seattlecriminalattorneys.aspx], finding it unreasonable that the officers didn't even attempt to get a warrant, particularly in light of the fact that a warrant like this would have been easily attainable (the cops are used to needing late night warrants), and so long as they got to Hinshaw before two hours had elapsed, the test would still be valid and could be backdated to the time of the alleged driving. The court further commented on the sanctity of the home both in common law and as outlined in the Constitution, and was remiss to take away protections specifically provided for in the Constitution.
So what does this mean for you, the Kent, Washington resident who, after a long week at work decided to have a few drinks? It doesn't mean much, unless you somehow make it home and are then confronted with a DUI charge. This does not mean that you should leave the scene of any accident that occurs while you are driving a vehicle, even if you are drunk. The cops will come with a warrant, take you out of your home, and in addition to a DUI charge you'll be facing a hit and run, among other things.
What it does do though is recall the age old lesson: you do not have to and should not under most circumstance consent to any request by the police to do anything. Not to a search, not to come into your house, not to answer questions, not anything. And for sure you should never do it without your criminal defense attorney [http://www.fightyourseattledui.com/seattlecriminalattorneys.aspx] present. So, if you ever find the cops at your door questioning you and they ask to come in or ask you to come out, politely decline, come up with an excuse, and say good night. If they want you and can get you they will. There is no reason you should help them out.
This artcle is written by someone interested in DUI Law in Washington state, and in particular Kent, Washington, who reminds you that if you are ever stopped for driving under the influence, don't hesitate to call your Kent DUI lawyer to make sure your rights preserved.