 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Meyer12/16/1998
against the unjustified intrusion of the police.
Id. at 213, 101 SCt at 1648, 68 LEd2d at 46. (Emphasis added). Following this rationale, the Supreme Court considered if the arrest warrant for Lyons adequately safeguarded Steagald's Fourth Amendment interests. Id. The arrest warrant represents a judicial finding that Lyons had committed a felony and authorized the agents to seize him. Id. This was the only act officers were authorized to do under the warrant. Id.
[ ] The Court found the DEA officers sought to do more with the warrant than arrest Lyons. Id. They used the arrest warrant as a justification to enter the home of a third person. Id. This approach defeated the definition of "reasonable" as devised by the Framers of the Fourth Amendment. Id. at 220, 101 SCt at 1651-52, 68 LEd2d at 50-51. The Court noted that:
"while the warrant in this case may have protected Lyons from an unreasonable seizure, it did absolutely nothing to protect [Steagald's] privacy interest in being free from an unreasonable invasion and search of his home. Instead, [Steagald's] only protection from an illegal entry and search was the agent's personal determination of probable cause. In the absence of exigent circumstances, we have consistently held that such judicially untested determinations are not reliable enough to justify an entry into a person's home to arrest him without a warrant, or a search of a home for objects in the absence of a search warrant." Id. at 213-14, 101 SCt at 1648, 68 LEd2d at 46 (citing Payton; Johnson v. United States, 333 US 10, 68 SCt 367, 92 LEd 436 (1948)).
[ ] The Court noted in this scenario, to hold otherwise would create potential for abuse. Steagald, 451 US at 215, 101 SCt at 1649, 68 LEd2d at 47. If officers were given this range to search, they could search the homes of friends, family and acquaintances of any person named on an arrest warrant. Id. Furthermore, an arrest warrant could serve as a justification for entering a home where police have suspicion of any illegal activity. Id.
[ ] The only means by which the search of Steagald's home could have been reasonable under the Fourth Amendment was for officers to obtain a search warrant in advance. Id. at 222, 101 SCt at 1653, 68 LEd2d at 52. By obtaining a search warrant for the home, the individual's interest in his home would be protected by an independent judicial determination. Id. Also this requirement "[would] not significantly impede effective law enforcement efforts." Id. at 221, 101 SCt at 1652, 68 LEd2d at 51.
[ ] Other states have considered the question of a warrantless entry into the home of a third party based on an arrest warrant. See State v. Luloff, 325 NW2d 103 (Iowa 1982); State v. Kao, 215 Mont 277, 697 P2d 903 (Mont 1985); State v. Johnson, 64 NCApp 256, 307 SE2d 188 (NCApp 1983); State v. Kiper, 193 Wis2d 69, 532 NW2d 698 (Wis 1995). These states, following Steagald, have held that search of a home pursuit to an arrest warrant for a third party is unreasonable and therefore unconstitutional.
[ ] Based upon the reasoning in Steagald, we conclude that absent the limited exceptions, a law enforcement officer must obtain a search warrant before he or she may legally search for the subject of an arrest warrant in the home of a third party.
[ ] An application of this holding to the case at issue leads us to the Conclusion that the trial court did not err in granting the motion to suppress the evidence. The rationale we have adopted from Steagald creates a distinction between the interests protected by an arrest warrant and a search warrant. Coreau and Kuntz had warrants for their arrest. Both had been allowed the protection of
Page 1 2 3 4 5 6 7 8 South Dakota DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|