In Michigan, A Police Officer Followed The Defendant In An Auto Accident

Police Authority to Arrest Without a Warrant
The discussion in this section addresses police officers’ warrantless arrest authority in drunk driving cases. It is limited to the statutory and other legal principles that are most frequently at issue in these cases, and is not intended to be a comprehensive discussion of warrantless arrest under Michigan law.

Warrantless Arrest Incident to Securing Medical Attention After an Accident
Police officers may enter a home without a warrant when they reasonably believe that a person inside the home may be seriously injured. Once inside, they may arrest for misdemeanor violations of city ordinances, OWI, and leaving the scene of a personal injury accident, if, after proper entry, they have reasonable cause to believe that the person was the driver of a vehicle involved in the accident.

In Ohlinger, a police officer followed the defendant from the scene of an auto accident to a home. The vehicle involved in the accident was parked in the driveway of the home. After ringing the doorbell and attempting unsuccessfully to telephone the residence, the officer shined a light into a window and saw the defendant lying on a bed. The defendant was not moving, and was bleeding from the head. The officer entered the home through an unlocked door and roused the defendant, who was not seriously injured. While speaking with the defendant, the officer noted the odor of alcohol on
the defendant’s breath, along with unsteadiness and slurred speech. A witness to the auto accident was summoned to the home, where he identified the defendant as the driver of a vehicle involved in the accident.