Certiorari was granted in this case to decide at least one aspect of the unresolved question: whether, and if so under what circumstances, the Fourth Amendment prohibits the police from making a warrantless night entry of a person's home in order to arrest him for a nonjailable traffic offense. Without securing an arrest or search warrant, the police went to Welsh's house at about 9:00 pm and knocked on the door. When the government's interest is only to arrest for a minor offense,12 that presumption of unreasonableness is difficult to rebut, and the government usually should be allowed to make such arrests only with a warrant issued upon probable cause by a neutral and detached magistrate. Welsh refused to …

U.S.Const. Separate statutory provisions control the penalty that might be imposed for the substantive offense of driving while intoxicated. In a leading federal case defining exigent circumstances, for example, the en banc United States Court of Appeals for the District of Columbia Circuit recognized that the gravity of the underlying offense was a principal factor. Stat. 385, 395, n. 35, 399-400, 403 (1983). remanded for further proceedings not inconsistent with this opinion. The variable factor, if there is one, is the governmental interest that will be served by the warrantless entry.

10 2020. We conclude that the sample was constitutionally taken incident to the lawful arrest.". The court remanded the case for further findings as to whether the police had entered the petitioner's home with consent. See Wis.Stat. Delaware 1335, 1340 (Md.   U.S. 451, 456 [Footnote 11] Prior decisions of this Court, however, have emphasized that exceptions to the warrant requirement are "few in number and carefully delineated," United States v. United States District Court, supra, at 407 U. S. 318, and that the police bear a heavy burden. Hence, the only potential emergency claimed by the State was the need to ascertain the petitioner's blood-alcohol level.

Presumably, this four-hour statutory limitation sought to provide an adequate time allowance for the arrested intoxicant's blood alcohol content to metabolize to a safer level, equal to or less than .05 percent.
§ 346.63(1) (1977), which proscribes the operation of a motor vehicle while intoxicated. § 346.65(2)(a) (Supp.1983-1984). See n 1, supra. BRENNAN, J., delivered the opinion of the Court, in which MARSHALL, BLACKMUN, POWELL, STEVENS, and O'CONNOR, JJ., joined. Encyclopedia.com gives you the ability to cite reference entries and articles according to common styles from the Modern Language Association (MLA), The Chicago Manual of Style, and the American Psychological Association (APA). See Johnson v. United States, 333 U.S. 10, 13-14 (1948). Police made a warrantless night entry of a private home to arrest a man for committing the nonjailable offense of driving while drunk. 773 (1982); People v. Smith, 175 Colo. 212, 486 P.2d 8 (1971); State v. Findlay, 259 Iowa 733, 145 N.W.2d 650 (1966); State v. Amaniera 132 N.J.Super. 665, 617 P.2d 911 (1980), cert. The decision to arrest without a warrant typically is made in the field under less-than-optimal circumstances; officers have neither the time nor the competence to determine whether a particular offense for which warrantless arrests have been authorized by statute is serious enough to justify a warrantless home entry to prevent the imminent destruction or removal of evidence. 80-1686 (May 26, 1981), App. Nor is there any doubt that the Supreme Court of Wisconsin applies federal constitutional standards when determining whether an arrest, even for a nonjailable traffic offense, is lawful. Ante at 466 U. S. 754. See, e. g., State v. Guertin, 190 Conn. 440, 453, 461 A.

In determining whether the challenged governmental conduct was reasonable, we are not bound by these determinations.

5. 665, 617 P.2d 911 (1980), cert. At the same time, the Court declined to consider the scope of any exception for exigent circumstances that might justify warrantless home arrests, id., at 583, thereby leaving to the lower courts the initial application of the exigent-circumstances exception.11 Prior decisions of this Court, however, have emphasized that exceptions to the warrant requirement are "few in number and carefully delineated," United States v. United States District Court, supra, at 318, and that the police bear a heavy burden when attempting to demonstrate an urgent need that might justify warrantless searches or arrests. Without an immediate blood alcohol test, highly reliable and persuasive evidence facilitating the state's proof of the defendant's alleged violation of sec. 665, 617. See 108 Wis. 2d 319, 336-338, 321 N. W. 2d 245, 254-255 (1982). An arrestee who improperly refuses to submit to a required test may also be required to comply with an assessment order and a driver safety plan, 343.305(9)(c)-(e). . 387, 263 N.W.2d 835 (1978); State v. Niedermeyer, 48 Or.App. Syllabus ; View Case ; Petitioner Welsh . [466 See also District of Columbia v. Colts, In other words, when requiring the police to obtain a warrant would constitute undue delay, the hot pursuit doctrine is applicable. Wisconsin's Legislature and its Supreme Court have both concluded that warrantless in-home arrests under circumstances like those present here promote valid and substantial state interests. These amendments, however, also have no direct bearing on the issues raised by the present case.

351

(1971) (concurring opinion).   App. In view of the state's classification of a first-offense drunk-driving offense as a minor crime meriting merely a fine, the Court also rejected the argument that the need to get a blood-alcohol test without delay provided an exigent circumstance. He told one officer what he had seen, specifically noting that the driver was either very inebriated or very sick. JUSTICE BRENNAN delivered the opinion of the Court. Pursuant to Wisconsin statutes, which subjected an arrestee who refused to take the test to the risk of a 60-day revocation of driving privileges, petitioner requested a court hearing to determine whether his refusal was reasonable. Stephen W. Kleinmaier, Assistant Attorney General of Wisconsin, argued the cause for respondent. 665, 617 P.2d 911 The decision to arrest without a warrant typically is made in the field under less-than-optimal circumstances; officers have neither the time nor the competence to determine whether a particular offense for which warrantless arrests have been authorized by statute is serious enough to justify a warrantless home entry to prevent the imminent destruction or removal of evidence.

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