Press Release  SJC Rules That Police May Enter Home In Hot Pursuit for Jailable Misdemeanors

Boston, Massachusetts — The Massachusetts Supreme Judicial Court ruled yesterday that Merrimac Police lawfully arrested a man for Operating Under the Influence who fled into his home while refusing to pull over for police.  The primary appellate issue raised by the case of Commonwealth v. Eric Jewett was whether an officer may enter a residence without a warrant to make an arrest for a jailable misdemeanor that started in public. While the police may enter a residence to pursue a fleeing felon they are attempting to arrest, it was an open question whether the police could do so for defendants who had committed misdemeanors that carried possible jail sentences.  In this case, the defendant was a third time drunk driver, and, therefore, was a felon. But when the officer followed him into his home, the officer did not know of the defendant’s prior convictions.

On February 4, 2010, Merrimac Police Officer Richard Holcroft saw the defendant leave a bar, get into a pick-up truck, pull out in front of his cruiser, and drive erratically on East Main Street in Merrimac.  Officer Holcroft activated his lights and siren in an attempt to pull the truck over.  Officer Holcroft followed the truck as it drove significantly under the speed limit and nearly hit a parked car.  After the defendant pulled into his driveway, Officer Holcroft exited his cruiser, approached the truck, and ordered the defendant to step out. 

Using a remote control switch, the defendant opened his garage door and drove his truck inside.  As the garage door was closing, Officer Holcroft entered and continued to order the defendant to get out of the truck.  The defendant instead exited the passenger side of the vehicle, ran into his house, and then into the backyard.  Officer Holbrook followed him into the yard where he was arrested.  He was later convicted of Operating Under the Influence of Liquor, Third Offense, Resisting Arrest, and Failing to Stop for Police.

Officer Holcroft entered the garage to arrest the defendant for Operating Under the Influence of Liquor (OUI), first offense, and Reckless Operation of a Motor Vehicle, misdemeanor offenses.  On appeal, the defendant argued that Officer Holcroft could not enter a private home to make a misdemeanor arrest.

The Supreme Judicial Court ruled that the entry into the home was Constitutional.  Even though Reckelss Operation and OUI, first offense are misdemeanors, the Court ruled that the police can enter a private residence in hot pursuit because these misdemeanors are serious crime for which a defendant may face jail time.  The Court held that it “would send an unacceptable message to the defendant who drinks and drives that a hot pursuit or an arrest set in motion can be thwarted by beating police to one's door."

“This ruling is significant because it acknowledges the authority of the police to continue to pursue an individual who threatens the safety of the public,” District Attorney Jonathan Blodgett said.  “The court set a clear and bright line rule for police to follow in the future, while still affording great protections to the sanctity of the home.”

The Commonwealth was represented on appeal by Assistant District Attorney Philip Mallard. The defendant was represented on appeal by Attorney Todd Pomerleau.

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