MADISON, Wis. (AP) — The Wisconsin Supreme Court says Waukesha police didn’t violate a man’s constitutional rights when they pursued him into a parking structure on suspicion of drunken driving.
The Milwaukee Journal Sentinel reports that the court ruled 4-2 Friday, upholding previous decisions against Brett Dumstrey.
Dumstrey had argued that police needed a search warrant to enter the limited-access parking garage of his apartment building. He cited the Fourth Amendment and said the structure amounted to the constitutionally protected area around someone’s home.
The court disagreed and said Dumstrey hadn’t established a reasonable expectation of privacy in the structure.
Dumstrey’s blood-alcohol test after the April 2012 stop put him at twice the legal limit. He pleaded guilty to his second OWI offense, then appealed.