Welsh v. Wisconsin

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Case Overview

CITATION

ARGUED ON

DECIDED ON

DECIDED BY

466 U.S. 740

Oct. 5, 1983

May 15, 1984

Legal Issue

Does the Fourth Amendment prohibit a warrantless, nighttime home entry to arrest a suspect for a nonjailable traffic offense?

Holding

Yes, warrantless entry of a suspect’s home is presumptively unreasonable under the Fourth Amendment, meaning that law enforcement officers are prohibited from entering a home at night without a warrant to arrest a suspect for a nonjailable traffic offense, absent exigent circumstances.

An officer with the Wisconsin State Capitol Police photographed in the 1980s | Credit: Wisconsin.gov

Background

Shortly before 9:00pm on April 24, 1978, Randy Jabionic saw Edward Welsh driving erratically by changing speeds, veering from side to side, and eventually swerving off the road and stopping in an open field. When Welsh stopped, Jabionic drove his truck to block Welsh from returning to the highway and asked a passing driver to call the police. Before officers arrived, Welsh stepped out of his vehicle and asked Jabionic for a ride home, but Jabionic suggested they wait for assistance. Welsh ignored him and walked away. Minutes later, officers from the Madison Police Department arrived and questioned Jabionic, who told them that Welsh was either very drunk or sick. The officers checked the vehicle’s registration, learned the car belonged to Welsh and that his residence was within walking distance. The officers proceeded to the home, gained entry after Welsh’s stepdaughter answered the door, and went upstairs to his bedroom where they found him lying naked in bed. They placed him under arrest for driving under the influence and took him to the police station, where he refused to submit to a breath-analysis test.

At the time, Wisconsin law classified a first offense of DUI as a noncriminal civil violation and considered the refusal to submit to a breath test reasonable if the underlying arrest was unlawful. Welsh challenged his arrest during his civil license revocation hearing, but the state trial court ruled that the warrantless home arrest was lawful and suspended Welsh’s license for sixty days. On appeal, the Wisconsin Court of Appeals vacated the suspension, finding that the warrantless entry of Welsh’s home violated the Fourth Amendment because the state failed to demonstrate exigent circumstances to overcome the presumption of unreasonableness. The Wisconsin Supreme Court then reversed, concluding that the warrantless arrest was justified by three exigent circumstances, including the need to prevent the destruction of evidence by taking Welsh’s blood-alcohol level before it dissipated. The U.S. Supreme Court subsequently granted certiorari.

6 - 3 decision for Welsh

Welsh

Wisconsin

O’Connor

Burger

Powell

Rehnquist

Stevens

Marshall

White

Brennan

Blackmun

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