KALAMAZOO, MICH. – July 25, 2019 — WZZM 13 featured Levine & Levine Criminal Defense Attorney Anastase Markou as a legal expert via Skype regarding a recent Michigan Supreme Court decision that overturned a 2015 DUI case due to a Fourth Amendment violation.
WZZM 13 reports Jennifer Hammerlund, of Wyoming, Mich., drove home just before 2:30 a.m. in September 2015 when she hit a guardrail and concrete barrier on the off ramp on U.S. 131 at the 54th Street exit. Hammerlund wasn’t seriously injured so she left her car there and took an Uber home without reporting the accident to police.
A couple of hours later after finding the abandoned vehicle, Wyoming Police officers were at Hammerlund’s front door. When one officer handed her license back to Hammerlund, who was still inside her home, he grabbed her by the arm, according to WZZM. As Hammerlund tried to pull away, the force sent the officer into the home where he handcuffed and arrested her.
While in jail, Hammerlund took two breath tests showing a blood alcohol content of .22 and .21, the WZZM story states. She had a jury trial where they found her guilty of driving drunk and failing to report an accident.
During a recent hearing, the Michigan Supreme Court determined Hammerlund’s Fourth Amendment rights were violated, and therefore the judgment was reversed.
“In this particular case, the Michigan Supreme Court rested its decision on the premise that the police are not allowed to enter into someone’s home without a warrant,” Markou told WZZM in an interview via Skype. “The police did not have a warrant in this case so in my opinion, this is a very strong opinion by the Michigan Supreme Court that enforces everyone’s Fourth Amendment rights.”
Read the full story on WZZM 13.