The Pennsylvania Superior Court has decided the case of Commonwealth v. Edgin, holding that police officers illegally entered a defendant’s home under the guise of exigent circumstances. The officer’s based the warrantless search on the fact that bystanders had reported that the defendant may have been driving drunk prior to arriving home. It seems obvious that the officers should have obtained a search warrant prior to breaking into his home, and fortunately, the Superior Court agreed.

Commonwealth v. Edgin

A police officer in Centre County was dispatched to investigate a call about a possible intoxicated driver. Multiple 911 calls came in to dispatch concerning the driver. One of the 911 callers reported observing the individual driving a truck that was swerving in and out of its designated lane. The caller followed the truck and then observed the defendant exiting the vehicle and entering a residence through a garage door. When an officer arrived on scene, he observed a truck that matched the description given by the callers. This truck had some damage to it. Specifically, it had dents and scrapes, and it was missing a mirror. There was also a piece of wood shoved between the rim and the tire.   

The officers attempted to make contact with the defendant. They went to the door of the house and announced themselves as officers. They knocked loudly on the front door and the rear sliding door multiple times with no response. The officers would later testify that they were concerned about the man’s well being and inquired about making entry into the residence. Additionally, although it is unclear from the opinion, one of the officers believed that the individual may have been diabetic, and this officer had prior experience with diabetic emergencies. Claiming a this prior experience and a purported belief that the individual may have needed medical assistance due to the damage on the truck, the officers decided to break into the house without a search warrant.

While inside the residence, the officers again announced themselves loudly and searched the house for the driver. They then came across the defendant asleep in a bedroom on the second floor of the residence. The officer testified that he smelled a strong odor of alcohol and had to shake the male several times to wake up him. The officers then called for an ambulance. The defendant was taken back to the back of an ambulance where one of the 911 callers identified him as the driver. Additionally, the defendant was then advised of his Miranda rights, and he was subsequently interrogated. The defendant denied driving and that his truck was ever downtown. Police also took the defendant to the hospital for a blood draw.

Police arrested the defendant and charged him with DUI. The defendant then filed a motion to suppress, arguing that all evidence recovered from the defendant’s home and any evidence that resulted from the entry into his home should be suppressed because the officers entered his home without a warrant. At the motion to suppress hearing, the above facts were placed into the record. The trial court concluded that the there were exigent circumstances that justified the officers’ warrantless entry into the defendant’s home. Specifically, the trial court focused on the fact that the defendant was a known diabetic and that there were multiple 911 calls concerning this incident. Further, one of the 911 callers specifically witnessed the defendant exiting his truck and entering his residence. According the trial court, there were valid exigent circumstances present to justify the officers’ warrantless entry into the defendant’s home.

After the denial of his motion to suppress, the defendant proceeded by way of a non-jury trial. He was subsequently found guilty and he then filed a timely appeal. On appeal, the defendant argued that the trial court erred when it denied his motion to suppress because the officers entered his house without a warrant and that there were not valid exigent circumstances that allowed them to circumvent the warrant requirement of the Fourth Amendment. 

When do exigent circumstances allow the police to enter a home without a warrant?

Police generally may not enter a home without a search warrant or exigent circumstances. Exigent circumstances are basically an emergency. In determining whether exigent circumstances exist, a court should consider a number of factors. Those factors include:

1) the gravity of the offense;

2) whether the suspect is reasonably believed to be armed;

3) whether there is above and beyond a clear showing of probable cause;

4) whether there is strong reason to believe that the suspect is within the premises being entered;

5) whether there is a likelihood that the suspect will escape if not swiftly apprehended;

6) whether the entry was peaceable;

7) the time of the entry, i.e., whether it was made at night;

8) whether this involves a hot pursuit of a fleeing felon; 9) whether evidence is likely to be destroyed without a warrant; and

9) whether there is a anger to police or other persons inside or outside the dwelling.

These factors are to be balanced against one another in determining whether a warrantless intrusion was justified. Police bear a heavy burden when attempting to demonstrate an urgent need that might justify warrantless searches or arrests. 

The Pennsylvania Superior Court’s Decision  

The Pennsylvania Superior Court reversed the trial court. In making its decision the Superior Court analyzed the above-mentioned factors. First, the trial court found that because DUI is a misdemeanor offense, this severely weakened the officers’ right to enter the defendant’s home without a warrant. Additionally, there was no evidence that the defendant was armed, the defendant would have escaped if he had not been apprehended, or any injuries or property damage. Further, the Superior Court rejected the argument that the dissipation of alcohol in the defendant’s bloodstream constituted a “per se exigency” that permitted the officers to enter his home without a warrant.  

Finally, the Superior Court also rejected the argument that the officers could enter the defendant’s house under the guise that they needed to provide medical assistance to him. The Superior Court noted that the defendant was able to drive himself home and then enter his home without assistance. The Superior Court specifically rejected the argument that a high degree of intoxication can create a medical emergency that allows the officers to enter a home without a warrant. As such, there was nothing in the record to suggest that the officers had a legitimate reason to enter his home to provide medical assistance. Therefore, the Superior Court held that there were no real exigencies that permitted the officers to enter the defendant’s home without a warrant. Consequently, his conviction will be vacated and the defendant will receive a new trial. The Commonwealth will also not be able to use the evidence it obtained from the illegal entry of the defendant’s residence at this trial.  

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