Idaho DUI opinion grants officers permission to enter residence
An unpublished Idaho DUI opinion issued by the Court of Appeals of Idaho on March 2, 2009 reversed the lower courts finding that officers following a DUI suspect into her residence was illegal without a warrant.
Here's why the court found that the police had probable cause to arrest for DUI prior to the defendant entering her house:
In this case, Deputy McFarland clearly had probable cause to arrest Finnicum for DUI before she retreated into the house. Finnicum’s son had informed him that Finnicum had been drinking all day, was highly intoxicated, and had recently driven away. About half an hour later, Deputy McFarland saw Finnicum driving on the adjacent public road and flagged her down. He then made observations that tended to confirm the report that she was intoxicated--she smelled strongly of alcohol, slurred her speech, had glassy and bloodshot eyes, and seemed confused. When Deputy Vrevich arrived, he noticed that Finnicum seemed unable to walk in a straight line. Collectively, this information amply provided probable cause for Finnicum’s arrest for DUI, and McFarland was authorized by state law to make a misdemeanor arrest without a warrant because the offense was committed in his presence. See I.C. § 19-603(1). Deputy McFarland not only possessed probable cause before he entered the residence, but he had already taken steps toward an arrest, notifying Finnicum that he suspected her of DUI and ordering her to stay by her vehicle while he finished interviewing her son. Although Finnicum initially complied, she ultimately disregarded this order and went into her residence.
The result of this case is predictable. Thinking about it logically, if the entry by police into the house under these circumstances was deemed unconstitutional, then anybody being pursued by police for an Idaho DUI would be on notice that if they could make it inside their residence before the police caught up to them, they would be safe from arrest (and then, of course, could quickly consume alcohol at home to further blur the issue).
I hate to say it, but I think the Court got this one right.
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