State v. Speights
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The Supreme Court affirmed the judgment of the trial court convicting Defendant of driving under the influence, holding that law enforcement officers' touch of Defendant's vehicle was supported by probable cause and provided an independent source of the evidence.
Upon responding to a 911 call complaining of a person trying to enter a private residence, two police officers encountered a Ford Explorer that looked to be connected to the disturbance. One officer touched the hood to assess the temperature of the engine in order to determine how long the vehicle had been there. The other officer reached into the wheel well on two occasions, and both officers testified that the engine felt hot. Appellant argued that the officers' testimony about her engine's temperature should have been excluded at trial. The Supreme Court affirmed, holding that, even if the officers' contacts with the vehicle were searches, the automobile exception applied, and the final touch was supported by probable cause.
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