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Did the police have to have a search warrant in this case?

Asked over 2 years ago - Philadelphia, PA

Police observe a particular vehicle traveling at a high rate of speed that crashed into a parked car approximately half a mile from an initial site of observation and kept on going. Please note, that police did not record/noted license plate or the operator of the above mentioned vehicle. An hour later police knocked on the door, woke residents up since the car matching the description was parked in their driveway. Police helped themselves inside the residence and started asking questions. The owner of the vehicle was sleeping, they summoned his brother to wake him up and took him outside for questioning or they would go up and drag him down. Owner being intoxicated was arrested and charged with DUI since he admitted driving according to cops. 4th amendment?

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Attorney answers (2)

Howard Woodley Bailey

Reputation Level 19

Answered over 2 years ago. Criminal Defense Attorney in Newark, NJ.

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You will need to be more specific as what you mean by the police helped themself inside the residence. If the police forced themself in, there may be an issue. If the police were at the door, and the door was left open while someone went to get the owner of the vehicle, the issue is probably mitigated by the failure to close the door. Consult directly with a lawyer licensed in PA, or repost with specific details on this issue. Good luck.

DISCLAIMER I do not practice law in your State. This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

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Adam D. Zucker

Reputation Level 16

Answered over 2 years ago. Criminal Defense Attorney in Conshohocken, PA.

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There are a few issues here. First was there a violation of the driver's right against unreasonable search and seizure. The answer is it depends, Was the driver free to go back inside and tell the police he wanted to go or was the encounter enough to constitue a custody situation. Philadelphia is a fairly liberal county/city when it comes to police actions so there is a good chance the driver could convince the Court that his interrogation was a violation of right against self incrimination and unreasonable search and seizure thus eliminating his confession that he was driving.

The law in PA is not really DUI ( Driving Under the Influence) But rather DAI ( Driving After Imbibing) The Law basically makes it a crime to drive after imbibing enough alcohol to render the person incapable of safe driving or so that their BAC is at least .08% within two (2) hours of driving. Of course if there was damage found on the car which matches that of the parked car that complicates matters.

This is a situation where the person arrested really needs to speak with competent Criminal Defense Attorney ASAP. There are just too many variables that could affect this case.

PA DUI Attorneys

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