Federal appeals court rules a police officer who suspects drunk driving can break into a home without first obtaining a warrant.
The US Supreme Court ruled 27 years ago that police could not forcibly enter someone's home over suspected drunk driving. The Fourth District US Court of Appeals in an unpublished decision is looking to change the precedent. A three-judge appellate panel considered the case of Alan J. Cilman who had filed a false arrest lawsuit after Officer M.A. Reeves busted down his door, without a warrant, on October 3, 2004.
Earlier that day, Cilman had left Neighbors Restaurant where he watched a football game and had dinner and drinks. Reeves claimed Cilman drove out of the Neighbors parking lot at a "high rate of speed." Reeves followed, noting that Cilman had run a stop sign, failed to signal and accelerated quickly in turns. Accounts differ over whether Reeves turned on his police lights before Cilman made it to the driveway of his home, which was not far away. Reeves got out of his cruiser as Cilman was walking briskly to the door. Reeves told Cilman to stop, but he did not say the man was under arrest. Cilman told the officer to get off his property as he went inside and locked the door.
Reeves waited for backup, then kicked in Cilman's door and arrested him for being drunk in public and evasion without force -- not driving under the influence of alcohol (DUI). Prosecutors later dropped those charges. The US District Court for the Eastern District of Virginia agreed that kicking in Cilman's door without a warrant was a violation of the Fourth Amendment, but a jury awarded Cilman $0 in damages as compensation. Officer Reeves appealed the judge's finding that he had violated the Constitution, because under state law he would be forced to resign if found guilty of a second constitutional violation.
Read More
Latest Tyranny/Police State
- UC Davis Campus Police Pepper Spray Student Protesters Sitting Doing Nothing
- Woman Places Sign On Her Car Stating Police Do Not "Protect and Serve," Police Respond By Arresting Her For Crimes She Did Not Commit
- Protect and Serve: NY Cops Violently Drag Woman By Her Hair
- Video Released: Oakland Police Strike Army Ranger With Nightsticks On His Back, Ribs, Shoulders and Hands, Lacerating His Spleen and Causing Internal Bleeding
- "What can you offer to get out of a DUI?" -- Cop solicits women he pulled over
- Dash-Cam Video Shows Sam Houston State Police Beating Student
- Two cops fired over horrific video which shows them beating up suspect - then CELEBRATING
- DEA Sweeps Across Western Washington With Dispensary Raids
This site contains copyrighted material the use of which in some cases has not been specifically authorized by the copyright owner. Such material is made available for the purposes of news reporting, education, research, comment, and criticism, which constitutes a 'fair use' of such copyrighted material in accordance with Title 17 U.S.C. Section 107. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (found at the U.S. Copyright Office) and other applicable intellectual property laws. It is our policy to remove material from public view that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our members or users.
About Us - Disclaimer - Privacy Policy
"Men occasionally stumble over the truth, but most of them pick themselves up and hurry off as if nothing ever happened..." - Winston Churchill
