Ep #557 Could police detain a driver suspected for DUI on their property?

Summary:

Anthony and John discuss a court case from Montana that addresses the authority of police officers to make initial contact with individuals who pull into their driveways during a traffic stop. They reference the Supreme Court case Lang v. California, which established that the severity of the crime is a factor in hot pursuit analysis. The Montana court expands on this by considering curtilage as an extension of the home and requiring officers to leave if explicitly told to do so. They also touch on the implications of the case for stolen car recoveries and the need for search warrants in certain situations.

Key Takeaways:

The Montana court case emphasizes that officers must leave a person's property if explicitly told to do so.
Curtilage is treated as an extension of the home and requires officers to have a recognized exception to remain on the property.
The severity of the crime is a factor in determining the extent of police authority during a hot pursuit.
The motor vehicle exception does not apply when a person has entered their driveway or garage.
Officers should consider obtaining search warrants in situations where they need to recover evidence from a person's property.

Quotes:

"The court said that the cop did not give any articulation of impairment." - Anthony
"Montana seems to want their cake and eat it, too." - John
"Courage is treated like the home itself." - Anthony
"You need to go to the curb, describe the person, and come back with your friends." - Anthony
"I'm holding out hope for Texas. That's our last hope. That's our Obi Wan Kenobi." - John

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