Calling a contrary California Supreme Court ruling in a prior case "wrong", the 9TH Circuit Court held in 2009 that warrantless entry into a home for the purpose of executing a misdemeanor DUI arrest is not justified under the Emergency/Exigent Circumstance exceptions.
According to the Court, whose interpretation of the 4th Amendmentin this case fell in line with that of the United States Supreme Court, there must be an objectively reasonable belief that an immediate need to protect an occupant from serious harm exists…and, in this case, the officer's claim he entered the home to make sure the driver was not injured in the accident was "absurd" considering the law enforcement report noted there was no damage to the vehicle. The Court further rejected the officer's alternate argument he entered the home without a warrant because he "believed" the man may be suffering from a diabetic coma.
In its decision, the Court explicitly stated that a minor hit-and-run accident without injury does not sanction a warrantless entry into a home. Additionally, the Court noted, as required under the principles of the Federal Constitution, an officer must have independent probable cause to lawfully affect an arrest authorized by a private citizen pursuant to California Penal Code Section 837. |