In a recent case before a New York criminal court, a police officer followed a suspect from the public street into her driveway when he suspected that she was driving while impaired. The officer asked the suspect to step out of her garage after she parked her vehicle. At that point, he conducted field sobriety tests and arrested the defendant for driving while intoxicated (DWI). At issue before the court on appeal was whether the officer had the legal right to enter the defendant’s property to question and then arrest her.
The Fourth Amendment
Under the Constitution’s Fourth Amendment, we all have the right to privacy and to security in our own homes and the right against unreasonable searches and seizures. According to case law, “the Fourth Amendment has drawn a firm line at the entrance to the house,” which means that only in rare circumstances can an officer enter a person’s private property without either consent or a valid warrant. A person’s house, as well as the area immediately surrounding it, fall under the protective umbrella of the Fourth Amendment.
The Court’s February 2025 Decision
Even given the important protections provided by the Fourth Amendment, the court in this case ruled that the officer did have the right to arrest the defendant outside of her garage. This was the case for several reasons: first, the suspect agreed voluntarily to exit her garage and speak with the officer. Second, the officer reached the defendant’s garage by way of public roads. The defendant’s driveway did not make any indication that she expected privacy outside of her garage. Instead, there was “unobstructed access” to the driveway, leading the officer to believe that he could enter the driveway without incident.