Drunk Driving Cases
Alaska DWI Lawyer
Frederick T. Slone, Esq.

SAMPLE CASE NO. 16 - Municipality v. R.M. (District Court, Anchorage)

Police received a report of a hit and run accident in the parking lot of a tavern. The dispatch indicated that the suspect vehicle had rammed another car and struck a light pole before speeding away. The pickup was described driving away with a flat tire and the suspect vehicle was identified with a license plate number. The dispatch indicated that there was information that the driver was believed to be intoxicated.

As police were driving to the scene, they received another dispatch message indicating that a witness had followed the truck to a residence near the area of the accident, and the suspect had entered the residence.

Approximately 25 minutes after the initial dispatch report, police officers arrived at the suspect’s residence. They knocked on the door, called the telephone number of the residence, and called out, but no one answered. When the officers received no response, they opened the unlocked door, walked into the home, and woke R.M., who was sleeping in his bed.

R.M. was taken to the police station where a breath test was administered with a .192 result. R.M. was charged with driving while intoxicated and reckless driving. R.M. retained Mr. Slone in both the DMV proceeding, as well as the criminal case. At the DMV Hearing, Mr. Slone requested dismissal of the revocation action on the grounds that the officers violated R.M.’s constitutional rights when they entered his home without a warrant. The DMV hearing officer granted Mr. Slone’s request and R.M.’s license was reinstated.

In the criminal case, Mr. Slone filed a pretrial motion to suppress all evidence obtained after the police entered the home, and dismiss the case. An evidentiary hearing was held in which the police officers testified. The prosecution argued that the entry of the home was justified in this case based on recognized exceptions to the warrant requirement, including the "hot pursuit" doctrine, and the "exigent circumstances" exception to the warrant requirement. The judge accepted Mr. Slone’s arguments, however, that the prosecution had failed to meet its burden of establishing an exception to the warrant requirement in this case. Therefore, the judge suppressed all evidence obtained after the police entered the home. All charges were dismissed.

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