Michigan Supreme Court: Police Went Too Far In Drunk Driving Arrest
The state Supreme Court ruled a police officer went too far by arresting a drunk driving suspect after he was pulled into her home during a struggle.
The police officer reached past the doorway in an effort to pull the woman out of her home, and wound up being dragged past the threshold into the home.
A majority on the court said the home’s entrance is a “firm line” the officer could not reach across without a warrant.
The decision said the arrest was a violation her Fourth Amendment rights under the US Constitution.
The officer was questioning the woman after her car was earlier found damaged and abandoned.
Two breathalyzer tests showed her well above the legal limit, but the woman said that was because she was upset from the accident, and drank after she got home.
The seven-two state Supreme Court decision overturned two lower court decisions.