The latest case victory on my web site involved a warrantless entry into a citizen's home by the cops who wanted to investigate a car accident and potential DWI. I successfully challenged the initial entry by the police into this citizen's home in a motion to suppress (throw out) all the evidence in the case based on the violation of his right to be free from warrantless government intrusions into the privacy of his home. After a hearing the Court granted the motion to suppress and the charges against the citizen were dismissed.
The cop's reason for wanting to enter the house to interrogate the homeowner, rather than question him through a screen door or outside the house, was because of a torrent of icy rain that was falling on the officer as he attempted to gather incriminating information form the citizen.
The Fourth Amendment protects us from the police entering our homes without a warrant. The Fourth Amendment arose in part from the "castle doctrine", or the principle that "a man's home is his castle", which developed over several centuries in England. In the mid 1700's, on both sides of the ocean concerns were growing about the British Crown invading private citizen's privacy interests of their homes in order to impose tax on their alcoholic cider.
Sir William Pitt, the elder, made historic remarks on March 10, 1763 regarding the freedom of man in his home from warrantless entries by the British government at the time. This speech, which influenced the authors of the Fourth Amendment, was made on the floor of the English Parliament, where Mr. Pitt was arguing against the searches being made to prosecute alleged violators of the infamous Cider Tax:
“The poorest man may, in his cottage, bid defiance to all the force of the Crown. It may be frail; its roof may shake; the wind may blow through it; the storm may enter; the rain may enter; but the King of England may not enter. All his force dare not cross the threshold of the ruined tenements.”
250 years later and the police still want to invade homes to investigate crimes. Remember, no warrant, no search! Politely decline to consent to any search without a warrant.
Have a safe night,
Mark
Call the Law Offices of Mark Stevens for a free consultation for your case today at 1-603-893-0074.
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New Hampshire DWI laws. New Hampshire DWI lawyer Mark Stevens. If you ever need help in New Hampshire with a DWI case: dui laws, aggravated DWI laws, boating while intoxicated laws or DWI defense topics and issues visit ByeByeDWI.com or call the Law Offices of Mark Stevens at 603-893-0074. The Law Offices of Mark Stevens are located in Salem, New Hampshire.
I'm surprised he didn't try some kind of bogus "welfare check" argument. There have been a few of those out here in Washington State. That seems like the default position for every cop who doesn't bother to get a warrant.
ReplyDeleteHi David, that is the default position here too: "welfare check" or "community caretaking" when they don't bother to get a warrant. They actually did float that theory of a "welfare check" briefly in this case but their concern for the citizen's welfare was so underwhelming that it caught no traction. Thanks for your comments.
ReplyDeleteMark