The court of appeals affirmed a judgment in part. The court held that police officers lacked objectively reasonable grounds for their warrantless entry into an individual’s home on the basis of a suspected diabetic emergency where a witness merely suggested that the individual inside had alcohol on his breath and appeared slightly impaired.

Bruce Hopkins stopped by an establishment to drink a few beers after a day’s work. During his subsequent drive home, he was involved in a minor traffic incident with a car driven by Ms. Waheeda Talib. The two agreed that there was no damage to their vehicles. Hopkins continued on his way home. Unbeknownst to Hopkins, Talib followed him to his home, where she then confronted him and accused him of being intoxicated. Talib claimed she smelled alcohol on his breath and that he seemed impaired. Hopkins retreated into his home, where he went to his bedroom to watch television.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]