Szabo v. State
2015 Ark. App. 512
| Ark. Ct. App. | 2015Background
- Szabo appeals after a conditional plea to DWI—First Offense; sentence: $325 fine, $300 costs, $20 booking fee.
- He challenges suppression of evidence on four grounds related to the door opening, entry, and seizure.
- Corporal Dawson observed Szabo in a running vehicle, unresponsive, with the engine running in a dimly lit parking lot at 4:30 a.m.
- Dawson opened the unlocked door, leaned in, and smelled alcohol after Szabo failed to respond.
- The trial court denied suppression; on appeal, the Washington County Circuit Court affirmed, citing community caretaking authority and Rule 3.1 detention authority.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether opening the car door and entering was an unlawful seizure/search | Szabo contends it was an unlawful seizure and search | State asserts community caretaking justified the actions | Not error; seizure/search permitted under community caretaking and Rule 3.1 |
| Whether exigent circumstances existed due to medical need | Szabo argues no objective medical danger justifying entry | State relies on medical concern and odor of alcohol to justify investigation | Exigent circumstances supported; detention/entry justified under Rule 3.1 |
| Whether opening the door and leaning inside was an unlawful search | Szabo claims unlawful search by interior entry | State relies on community caretaking function | Not unlawful; within community caretaking and reasonable under total circumstances |
| Whether removal of keys and turning off the vehicle constituted an unlawful seizure | Szabo contends unlawful seizure by taking keys | State argues seizure occurred when odor of alcohol appeared and detention continued | Seizure upheld; keys removal and vehicle turning off tied to ongoing lawful detention under Rule 3.1 |
Key Cases Cited
- Cady v. Dombrowski, 413 U.S. 433 (U.S. 1973) (community caretaking functions permit non-criminal investigations)
- Blakemore v. State, 758 S.W.2d 425 (Ark. 1988) (knock on window justified to determine condition when danger of medical issue exists)
- Murrell v. State, 2011 Ark. App. 311 (Ark. App. 2011) (driving-while-intoxicated offenses fall within Rule 3.1 detention scope)
- James v. State, 390 S.W.3d 95 (Ark. App. 2012) (standard for reviewing suppression rulings: factual are reviewable for clear error; legal conclusions de novo)