State v. Paul

536 N.W.2d 649, 1995 Minn. App. LEXIS 1155, 1995 WL 519681
CourtCourt of Appeals of Minnesota
DecidedSeptember 5, 1995
DocketNo. C2-94-2469
StatusPublished
Cited by1 cases

This text of 536 N.W.2d 649 (State v. Paul) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Paul, 536 N.W.2d 649, 1995 Minn. App. LEXIS 1155, 1995 WL 519681 (Mich. Ct. App. 1995).

Opinion

OPINION

NORTON, Judge.

This case arises from the warrantless entry into appellant Peter Dean Paul’s home to arrest him for driving while under the influence of alcohol. After an Omnibus hearing, the trial court found that the warrantless entry and arrest did not violate the Fourth Amendment to the United States Constitution or article I of the Minnesota Constitution, because the crime was committed in the officer’s presence. Paul then waived his right to a jury trial, entered a conditional guilty plea pursuant to State v. Lothenbach, 296 N.W.2d 854, 857 (1980), and brought this appeal. We affirm.

FACTS

Appellant Peter Dean Paul approached Officer Joseph Andrew Gunderson at a NAPA Auto Parts store, wrapped his arm around Gunderson’s shoulder, and began talking to him. Gunderson was in uniform and was on duty. He noticed a strong odor of alcohol on Paul’s breath and observed that Paul had slow and slurred speech, watery and glassy eyes, and a flushed face. When he released his grip on Gunderson, Paul stumbled baek-ward and leaned on the counter.

Gunderson later observed Paul driving out of the parking lot and rolling through a stop sign. Because there were other cars leaving from an adjacent lot, Gunderson could not immediately pull behind Paul. Gunderson caught up to Paul at Highway 169 and Creek Lane, where Paul rolled through another stop sign and turned north on Highway 169. Gunderson observed Paul’s truck fishtail as Paul turned onto Highway 169. Paul drove a relatively short distance at a “fast” speed and then turned onto Syndicate. Gunderson followed Paul for approximately two blocks with his red squad lights on before Paul turned into a residential driveway.

Gunderson pulled in behind Paul’s truck, bumper to bumper. Gunderson testified that when Paul exited the truck, Gunderson commanded him to stop. Paul looked at Gunder-son, shut the door to his truck, and turned away. Gunderson left the side of his squad ear and ran toward Paul, again commanding him to stop. Paul quickly entered the attached garage by a side door. When Gun-derson reached the door, it was locked; he then knocked on the door and shouted. Paul did not respond.

Gunderson went to the front door of the residence and knocked. Paul’s wife answered the door and explained that the truck belonged to her husband. The record contains conflicting testimony concerning what happened next. Gunderson testified that Paul’s wife left him at the open front door while she looked for her husband. He heard voices, but when Paul’s wife came back to the door, she said that Paul was not home. Gun-derson advised her that if she were lying to conceal the presence of someone, she “could” be charged with a crime. He explained that someone must be there, because he had just followed someone driving the truck into the driveway, and the person had run into the attached garage and locked the door behind him. He asked Paul’s wife if she would let [652]*652him come in and look for himself; she agreed and told him to “go ahead.”

Gunderson searched in the kitchen and attached garage, but did not find anyone. Subsequently, Paul came up from the basement on his own accord. Gunderson then arrested Paul for driving under the influence of alcohol, pursuant to Minn.Stat. § 169.121 (Supp.1993).

Paul’s wife had a different version of events. She testified that she heard something slam, she went to a window, she saw Paul’s truck in the driveway, and, she noticed Gunderson’s squad car pulling to a stop behind it. The squad car lights were not flashing. She went to the front door, opened it, and observed Gunderson trying to open the garage door. She explained that when Gun-derson then came to the front door and asked her to go look for Paul, she shut the door, leaving Gunderson standing outside, and looked throughout the house, calling Paul’s name. When she went back toward the front door, she found Gunderson standing in the living room.

ISSUE

Was the warrantless in-home arrest of appellant lawful?

ANALYSIS

The trial court here did not reject the testimony of Officer Gunderson. Under these circumstances, we review the trial court’s decision regarding a motion to suppress evidence on constitutional grounds by analyzing the testimony of the officer to determine if, as a matter of law, the cases permit what the officer did. State v. Storvick, 428 N.W.2d 55, 58 n. 1 (Minn.1988).

Under the Fourth Amendment to the United States Constitution and article I of the Minnesota Constitution, warrantless searches are per se unreasonable, subject to a few exceptions. Katz v. United States, 389 U.S. 347, 357, 88 S.Ct. 507, 514, 19 L.Ed.2d 576 (1967). “Courts are particularly reluctant to find exceptions to this rule in the context of a warrantless search or seizure in a home.” State v. Othoudt, 482 N.W.2d 218, 222 (Minn.1992).

Absent consent or exigent circumstances, a police officer may not make a warrantless entry into a home to make an arrest. State v. Koziol, 338 N.W.2d 47, 48 (Minn.1983) (citing Payton v. New York, 445 U.S. 573, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980)). Here, the arrest involves exigent circumstances of “hot pursuit.” When an officer has set a warrantless arrest in motion in a public place, a person may not defeat that arrest by escaping to a private place. United States v. Santana, 427 U.S. 38, 43, 96 S.Ct. 2406, 2410, 49 L.Ed.2d 300 (1976). In other words, when an officer is in “hot pursuit,” the officer need not obtain a warrant before entering a home that a fleeing suspect has entered. Id., cited in Koziol, 338 N.W.2d at 48.

1. Severity of the offense.

Paul contends that hot pursuit to arrest for an offense less than a felony is not an exigent circumstance that justifies the state’s war-rantless entry into a home. Here, the officer was in hot pursuit to arrest Paul for the misdemeanor traffic offense of driving under the influence (DWI). Minn.Stat. § 169.121, subd. 3(b) (Supp.1993).

The supreme court and this court have previously upheld warrantless, hot pursuit, in-home arrests of individuals upon probable cause when they committed less than felony-level offenses. See Koziol, 338 N.W.2d at 47-48 (gross misdemeanor fleeing police officer after officer stopped defendant to warn him of speeding); Pahlen v. Commissioner of Pub. Safety, 382 N.W.2d 552, 553-54 (Minn.App.1986) (hot pursuit after arresting officer observed defendant committing petty misdemeanor traffic offense of speeding).

Paul contends that the supreme court’s later decision in Othoudt, 482 N.W.2d at 223-24, effectively overruled the decisions in Ko-ziol and Pahlen. We disagree. We recognize that the supreme court in Othoudt stated that neither the U.S. nor the Minnesota Supreme Court had ever held that exigent circumstances would “permit a warrantless entry into a home to arrest for an offense of lesser magnitude than a felony.”

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Bluebook (online)
536 N.W.2d 649, 1995 Minn. App. LEXIS 1155, 1995 WL 519681, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-paul-minnctapp-1995.