Pennsylvania - Arrested in House with DUI

[Sodaen]

Simply put I was at the bar drinking some and there was some squabble that took place down there between me and another person while many people watched.

I went home and later on the cops showed up, arrested me for DUI.

Can they do this? How is this possible?

 

[BOR]

The 4th AM controls when an arrest is made, therefore I need to ask when they knocked on your door, did you let them in and or step outside?

 

[Sodaen]

The 4th AM controls when an arrest is made, therefore I need to ask when they knocked on your door, did you let them in and or step outside?

I had stepped outside. If a policeman were to come to my house then I would always step outside regardless of my condition. Is that not my right?

 

[BOR]

I had stepped outside. If a policeman were to come to my house then I would always step outside regardless of my condition. Is that not my right?

The Q was asked for a reason. Due to the fact as you admit stepping outside the home, you were in a "public place", and a warrantless arrest was permissable. If you had stayed inside, most likely they would have needed an arrest warrant to enter.

Next, the focus, as with any arrest, warrant or not, is probable cause.

If they had PC to believe you had been driving UI, an arrest can take place. If you wish to challenge the PC, you have very right to do so.

 

[ERAUPIKE]

The Q was asked for a reason. Due to the fact as you admit stepping outside the home, you were in a "public place", and a warrantless arrest was permissable. If you had stayed inside, most likely they would have needed an arrest warrant to enter.

Next, the focus, as with any arrest, warrant or not, is probable cause.

If they had PC to believe you had been driving UI, an arrest can take place. If you wish to challenge the PC, you have very right to do so.

If the police believe a crime was committed, like battery or domestic violence, they can articulate a probable cause to enter the residence. I don't believe that would have happened in this case. On the other hand, the officers most likely wouldn't have turned around and gone home because the drunk guy didn't want to answer the door.

 

[BOR]

If the police believe a crime was committed, like battery or domestic violence, they can articulate a probable cause to enter the residence. I don't believe that would have happened in this case. On the other hand, the officers most likely wouldn't have turned around and gone home because the drunk guy didn't want to answer the door.

A DV call is one thing, as it provides the exigency to enter without a warrant even if the door is not answered.

A DUI warrantless home arrest where an injury was not reported, such as a hit and run, would not generally provide the exigency to enter without a warrant.

 

[ERAUPIKE]

A DV call is one thing, as it provides the exigency to enter without a warrant even if the door is not answered.

A DUI warrantless home arrest where an injury was not reported, such as a hit and run, would not generally provide the exigency to enter without a warrant.

I agree, but the OP states he was in an altercation prior to the police attempting to make contact with him. He did not elaborate on the type or outcome of that altercation.

 

[BOR]

I agree, but the OP states he was in an altercation prior to the police attempting to make contact with him. He did not elaborate on the type or outcome of that altercation.

He mentioned nothing about any assault charge added. Regardless, I was speaking of an injury related to the DUI, such as hit and run.

Mere assault would not provide the exigency needed to enter without a warrant.

 

[ERAUPIKE]

He mentioned nothing about any assault charge added. Regardless, I was speaking of an injury related to the DUI, such as hit and run.

Mere assault would not provide the exigency needed to enter without a warrant.

An altercation or "squabble" is different than an assault. The police may have been investigating what happened with the squabble. It is possible that either party has not yet decided to press charges or refused to do so that night. We are saying the same thing, just in a different way. I am sure in this case the police could not have entered his residence without a warrant. It isn't likely that they would have simply left just because he didn't answer the door.

 

[BOR]

It isn't likely that they would have simply left just because he didn't answer the door.

What choice was there? Enter or leave or wait for a warrant to be authorized, if no exigency presented itself.