Last week I discuss a hypothetical, but realistic, scenario where our driver, Dave, hit a neighbor’s car on the way home after enjoying an afternoon barbeque with friends. Dave had had a few beers so he worried that if he stopped and reported the accident, he might also end up with a DUI.I wouldn’t advise anyone to do what Dave did, but he decided to drive home and avoid the consequences.
Unfortunately for Dave, his neighbor, Millicent, witnessed Dave backing up and driving off after he hit the car. When she saw the damage done to the car and believing she recognized Dave as the culprit, she called the police. When the police arrive, Dave runs upstairs and his wife answered the door. She denied any knowledge of the accident even though there was damage to their car now parked in their driveway that was consistent with the neighbor’s report. Dave’s wife even went so far in her attempts to protect her husband to say that she had just brought the car home after running errands. She denied the police request to search the house. The police, believing that Dave was inside, searched anyway and found Dave. Dave was arrested and later charged with DUI, hit and run, evading arrest, and DUI test refusal. Dave might be in trouble… or maybe not.
If the search of Dave’s house without an arrest was unlawful, the evidence obtained subsequent to the arrest must be suppressed. If the evidence is suppressed, there is no case against him. (The hit and run might survive but the other charges would not.) Was the search unlawful?