DUI Virginia Warrantless Arrest Constitution Violation Lawyers Carroll County
Commonwealth v. Reggie
Defendant was charged with failing to dim his headlights by plaintiff commonwealth. The key issue in the case was whether or not the warrantless arrest of defendant in his home at night violated the Fourth Amendment of the United States Constitution because it violated the right of defendant to be secure in his house against unreasonable searches and seizures which are made without a warrant based upon probable cause.
- Whether or not the warrantless arrest of defendant in his home at night violated the Fourth Amendment of the United States Constitution?
A state trooper was driving and saw defendant’s car proceeding in the opposite direction failing to dim its lights. The trooper followed defendant’s vehicle and turned on his emergency flashers and siren for approximately 1.2 miles. Defendant never increased his speed or attempted to elude the trooper, drove to his home, exited his vehicle and walked directly to his house. The trooper followed defendant to the door of the house and grabbed him by the shoulder and turned him around as he was entering the house. After the trooper stopped defendant, he proceeded to obtain evidence to support a charge of driving under the influence. The trooper testified that when he was following defendant, he was not following him for any reason but to try to ascertain why defendant did not dim his lights. The court dismissed the case against defendant finding that the offense for which the police officer was following defendant was not serious and did not involve violence. As a result, no exigent circumstances existed which justified the arrest of defendant without a warrant. The charge of failing to dim lights against defendant brought by the commonwealth was dismissed.
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Article written by A Sris
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