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High court sides with Menasha police
In a split decision, the state Supreme Court says Menasha police didn't violate a man's rights when they went into his bedroom.
Officers were investigating an accident in February of 2010, and court records say evidence at the scene led them to Juan Garcia's trailer home. Garcia's brother let officers into the home, and they arrested the man for his fourth OWI, after the brother broke through the door to Garcia's bedroom.
Garcia argued that police should've had a warrant, but the high court ruled, 4-3, that officers were able to walk in, because they were concerned Garcia may have been hurt in the accident.
Police say Garcia hit a yellow traffic light pole, and they tracked him, using a license plate that was left near the scene. They say Garcia's damaged car was parked outside the trailer home, with yellow paint on it, but he refused to answer the door.
Garcia's brother later came home, and he let police inside, over Garcia's objections.
Justices also denied Garcia's request to throw out a 1998 conviction for driving drunk.
Officers were investigating an accident in February of 2010, and court records say evidence at the scene led them to Juan Garcia's trailer home. Garcia's brother let officers into the home, and they arrested the man for his fourth OWI, after the brother broke through the door to Garcia's bedroom.
Garcia argued that police should've had a warrant, but the high court ruled, 4-3, that officers were able to walk in, because they were concerned Garcia may have been hurt in the accident.
Police say Garcia hit a yellow traffic light pole, and they tracked him, using a license plate that was left near the scene. They say Garcia's damaged car was parked outside the trailer home, with yellow paint on it, but he refused to answer the door.
Garcia's brother later came home, and he let police inside, over Garcia's objections.
Justices also denied Garcia's request to throw out a 1998 conviction for driving drunk.
