PEOPLE v HAMMERLUND 

Docket No. 156901. Argued on application for leave to appeal April 24, 2019. Decided 

July 23, 2019. 

 Jennifer M. Hammerlund was charged in the Kent Circuit Court with operating while 

intoxicated, third offense, MCL 257.625; and failing to report an accident resulting in damage to 

fixtures, MCL 257.621, for her involvement in a single-vehicle accident that she did not report to 

the police. Her abandoned vehicle was discovered by Officer Erich Staman of the Wyoming Police 

Department, who searched the vehicle, found that it was registered to defendant, and went to her 

home. According to Staman, he stood on her porch while she remained inside, approximately 15 

to 20 feet away from the front door, and they had a short conversation during which defendant 

admitted to driving the car that caused the damage. When Staman asked defendant to produce her 

identification, she passed a card to him through a third party in the home. After verifying her 

information, Staman offered the identification card back to defendant. According to Staman, when 

defendant came to the door and reached out to take the card, he grabbed her by the arm and 

attempted to take her into custody for having failed to report her accident. Staman stated that when 

defendant pulled away, the momentum took him inside the home, where he handcuffed defendant 

and completed the arrest before taking her to jail. Breath tests administered at the jail indicated 

that defendant had a blood alcohol content over the legal limit. Defendant filed a pretrial motion 

to suppress evidence and dismiss the charges, arguing that Officer Staman had violated her Fourth 

Amendment rights by arresting her inside her home without a warrant and that the evidence 

gathered following the arrest was subject to the exclusionary rule. The trial court, Paul J. Sullivan, 

J., denied the motion, ruling that the arrest was constitutionally valid because defendant had 

voluntarily reached out of her open doorway, which was a public place for Fourth Amendment 

purposes under United States v Santana, 427 US 38 (1976). After a jury trial, defendant was 

convicted as charged, and she was sentenced to five years’ probation and four months in jail for 

having violated MCL 257.625 and to a concurrent term of 60 days in jail for having violated MCL 

257.621. Defendant appealed, challenging the trial court’s denial of her motion to suppress 

evidence. The Court of Appeals, MURRAY, P.J., and SAWYER and MARKEY, JJ., affirmed, holding 

that the arrest was constitutional under Santana and that the trial court had not erred by denying 

defendant’s motion. People v Hammerlund, unpublished per curiam opinion of the Court of 

Appeals, issued October 17, 2017 (Docket No. 333827). Defendant sought leave to appeal in the 

Supreme Court, which ordered and heard oral argument on whether to grant the application or take 

other action. 501 Mich 1086 (2018). 

Michigan Supreme Court 

Lansing, Michigan

Syllabus Chief Justice: 

Bridget M. McCormack 

Chief Justice Pro Tem: 

David F. Viviano 

Justices: 

Stephen J. Markman 

Brian K. Zahra 

Richard H. Bernstein 

Elizabeth T. Clement 

Megan K. Cavanagh 

This syllabus constitutes no part of the opinion of the Court but has been 

prepared by the Reporter of Decisions for the convenience of the reader. 

Reporter of Decisions: 

Kathryn L. Loomis 
 In an opinion by Justice CAVANAGH, joined by Chief Justice MCCORMACK and Justices 

VIVIANO, BERNSTEIN, and CLEMENT, the Supreme Court, in lieu of granting leave to appeal, held: 

 Defendant was not subject to public arrest because she remained inside her home, where 

she maintained her reasonable expectation of privacy. Defendant’s act of reaching out to retrieve 

her identification card did not expose her to the public as if she had been standing completely 

outside her house under Santana, and the circumstances were insufficient to justify the hot-pursuit 

exception to the warrant requirement. Because the arrest was completed across the Fourth 

Amendment’s firm line at the entrance of the home, it was presumptively unreasonable, and the 

prosecution failed to overcome this presumption. The Court of Appeals judgment was reversed 

and the case was remanded to the trial court to consider whether evidence should be suppressed 

under the exclusionary rule. 

 1. The Fourth Amendment of the United States Constitution provides that the right of the 

people to be secure in their persons, houses, papers, and effects against unreasonable searches and 

seizures shall not be violated, and no warrants shall issue, but upon probable cause, supported by 

oath or affirmation, and particularly describing the place to be searched, and the persons or things 

to be seized. In order to be reasonable, an arrest must be justified by probable cause to believe 

that an offense has been or is being committed. Even when based on probable cause, however, a 

warrantless search or seizure inside a suspect’s home is presumptively unreasonable, absent 

exigent circumstances. Warrantless arrests that take place in public upon probable cause do not 

violate the Fourth Amendment. 

 2. The officer had probable cause to arrest defendant for failing to report an accident that 

caused damage to fixtures under MCL 257.621(a), which is a misdemeanor. While probable cause 

alone may justify a warrantless public arrest, the same is not true when it comes to arresting a 

suspect in the suspect’s home. Under Payton v New York, 445 US 573 (1980), an officer must 

obtain a warrant or identify exigent circumstances that excuse the warrant requirement before 

entering a home to make an arrest. In this case, there was no dispute that defendant’s arrest was 

completed inside her home. The lower courts erred by relying on Santana to conclude that 

defendant’s Fourth Amendment rights remained intact because—unlike the defendant in Santana, 

who was standing in her open doorway when officers arrived—defendant was not “exposed to 

public view, speech, hearing, and touch, as if she had been standing completely outside her house.” 

Defendant was never in a public place, and she possessed a reasonable expectation of privacy 

inside her home that she maintained throughout the encounter. It was unnecessary to determine 

how far defendant extended her arm or hand over the threshold because a Fourth Amendment 

analysis does not focus on such arbitrary calculations; the focus remains on determining whether 

a person sought to preserve his or her reasonable expectation of privacy. Defendant did not 

surrender her reasonable expectation of privacy when some portion of her hand or arm crossed the 

threshold to retrieve her property. Instead, her actions manifested an intent to stay inside, and 

Staman was aware of that intent. Defendant’s expectation of privacy within her home was 

reasonable, and her action of reaching out over the threshold and retrieving her identification did 

not relinquish that reasonable expectation. 

 3. When officers have probable cause and exigent circumstances exist, it is reasonable 

under the Fourth Amendment for officers to enter a home without a warrant. Exigent 
circumstances exist when an emergency leaves law enforcement with insufficient time to obtain a 

warrant. While hot pursuit of a fleeing felon is one recognized example of exigent circumstances, 

there was a not a legitimate hot pursuit in this case. It is unclear whether an officer with probable 

cause to arrest a suspect for a misdemeanor may rely on the hot-pursuit exception to make a 

warrantless home entry, and there was no suggestion of any emergency that would have entitled 

the police to enter defendant’s home throughout the conversation up to the point when defendant 

reached out to retrieve her identification. Accordingly, the seizure in this case, which occurred 

beyond the “firm line at the entrance of the house,” was prohibited under Payton because it was 

accomplished without a warrant, without consent, and without any exigent circumstances. 

 Court of Appeals judgment reversed; case remanded for further proceedings. 

 Justice ZAHRA, joined by Justice MARKMAN, dissenting, would have held that Santana was 

on point, applicable, and not meaningfully distinguishable from the facts presented in this case, 

given its holding that the doorway of one’s residence is considered a public space for purposes of 

Fourth Amendment analyses. He stated that under Santana, when the arrest was initiated after 

some part of defendant’s person had extended beyond the constitutionally protected bounds of her 

home, defendant was “as exposed to public view, speech, hearing, and touch as if she had been 

standing completely outside her house.” He also stated that because the arrest was supported by 

probable cause, initiated in a public place in accordance with Santana, and properly completed 

inside defendant’s home under the hot-pursuit exception to the warrant requirement, he would 

have affirmed defendant’s convictions. He further reasoned that if the warrantless entry into 

defendant’s home and subsequent arrest were improper, the established facts were sufficient to 

hold that exclusion of the evidence obtained after the arrest would not be appropriate under the 

United States Supreme Court’s decision in New York v Harris, 495 US 14 (1990). Thus, he would 

have decided this issue in the name of judicial efficiency. 

©2019 State of Michigan 
 FILED July 23, 2019 

S T A T E O F M I C H I G A N 

SUPREME COURT 

PEOPLE OF THE STATE OF MICHIGAN, 

 Plaintiff-Appellee, 

v No. 156901 

JENNIFER MARIE HAMMERLUND, 

 Defendant-Appellant. 

BEFORE THE ENTIRE BENCH 

CAVANAGH, J. 

In this case we must decide whether defendant’s constitutional right to be free from 

unreasonable seizures was violated when a police officer entered her home to complete her 

arrest for a misdemeanor offense. The Court of Appeals concluded that defendant exposed 

herself to public arrest when she reached out her doorway to retrieve her identification and 

that when she pulled her arm back into her home the officer’s entry was lawful as a “hot 

pursuit.” We disagree. Defendant did not surrender her Fourth Amendment rights when 

she interacted with law enforcement at her doorway because she consistently maintained 

Michigan Supreme Court 

Lansing, Michigan

OPINION Chief Justice: 

Bridget M. McCormack 

Chief Justice Pro Tem: 

David F. Viviano 

Justices: 

Stephen J. Markman 

Brian K. Zahra 

Richard H. Bernstein 

Elizabeth T. Clement 

Megan K. Cavanagh
 

2 

her reasonable expectation of privacy throughout the encounter, and further, the entry was 

not justified under the “hot pursuit” exception to the warrant requirement. The warrantless 

arrest was unreasonable under Payton v New York, 445 US 573; 100 S Ct 1371; 63 L Ed 

2d 639 (1980). We reverse the Court of Appeals judgment and remand this case to the trial 

court for further proceedings not inconsistent with this opinion. 

I. BACKGROUND 

Defendant, Jennifer Marie Hammerlund, was involved in a single-vehicle accident 

in the early morning hours of September 30, 2015, on a highway exit ramp in Wyoming, 

Michigan. According to defendant, another driver cut her off, causing her to overcorrect 

and lose control of her car. Her vehicle scraped a cement barrier and left a dent on a metal 

guardrail. Defendant suffered only minor injuries; however, the car was no longer drivable. 

She attempted to call her insurance company and then used a rideshare service to get home. 

She did not report the accident to police. 

Soon after, Officer Erich Staman of the Wyoming Police Department was 

dispatched to the scene of a reported abandoned vehicle on the shoulder of the highway 

off-ramp. After observing the damage to the vehicle, as well as the guardrail and cement 

barrier, Officer Staman requested a tow truck and conducted an inventory search. He 

discovered that the vehicle was registered to defendant and that it contained paperwork 

bearing defendant’s name, so he requested that officers from the Kentwood Police 

Department go to defendant’s home to perform a welfare check. 

In the meantime, according to defendant, she returned home, found that she was 

“really shaken up,” and drank some alcohol. She then went into her room and went to bed. 
 

3 

Only a few minutes later, the Kentwood officers arrived and told her roommate that they 

wished to speak with defendant. Defendant initially declined to leave her room; however, 

after her roommate spoke to the officers and reported back to defendant that the police 

would take her into custody and arrest the roommate for harboring a fugitive if she did not 

appear, defendant came to the door. After that, Officer Staman arrived at the home to 

“make contact” with defendant. 

Officer Staman testified that when he arrived at defendant’s home, he stood on her 

porch while she remained inside, approximately 15 to 20 feet away from the front door. 

He acknowledged that it “didn’t appear that [defendant] wanted to come to the door . . . .” 

And, when asked whether defendant “made it pretty clear that she wasn’t coming out of 

the home,” he agreed, stating, “It seemed that she wasn’t going to come out.” During their 

short conversation, defendant admitted to driving the car that caused the damage. When 

he asked defendant to produce her identification she was “reluctant” to give it to him so 

she passed it to him through a third party in the home. Officer Staman testified that 

defendant told him that she “thought [Officer Staman] might be trying to coax her out of 

the house.” 

After verifying her information, Officer Staman offered the identification card back 

to defendant. He explained: 

 And then I had to give the I.D. back to her, so I made sure I gave it 

back to Ms. Hammerlund. In doing that she came to the door where I was 

standing and reached out to get the I.D. as I gave it back to her, at which 

point I grabbed her by the arm and attempted to take her into custody . . . [f]or 

the hit and run that she just admitted to. 
 

4 

He said that when defendant pulled away he grabbed her again and “the momentum” took 

him inside the home two to three steps where he handcuffed defendant and completed the 

arrest. 

Following the arrest, Officer Staman placed defendant into the back of his patrol 

car. After she was advised of and waived her Miranda1

 rights, defendant provided further 

details about the crash, which she described to the officer as possibly a “road rage 

situation.” Officer Staman detected a smell of intoxicants that was “moderate at best” and 

asked defendant if alcohol played a role in the crash. She opined that it had not, but did 

acknowledge drinking alcohol earlier in the night after finishing her shift as a bartender 

and later indicated that she thought her blood alcohol level may have been over the legal 

limit. When asked if she had any alcohol to drink after the accident, defendant replied, 

“Absolutely not.” Once transported to the county jail, defendant was given two successive 

breath tests, which indicated a blood alcohol content over the legal limit at .22 and .21, 

respectively. Consequently, defendant was charged with operating while intoxicated 

(OWI), third offense, MCL 257.625, and failing to report an accident resulting in damage 

to fixtures, MCL 257.621. 

Defendant filed a pretrial motion to suppress evidence and dismiss the charges. In 

the motion, she argued that Officer Staman had violated her Fourth Amendment rights by 

arresting her inside her home without a warrant and that all the evidence gathered following 

that arrest was subject to the exclusionary rule. The trial court denied the suppression 

motion, concluding that the arrest was constitutionally valid pursuant to United States v 

 

1 Miranda v Arizona, 384 US 436; 86 S Ct 1602; 16 L Ed 2d 694 (1966). 
 

5 

Santana, 427 US 38; 96 S Ct 2406; 49 L Ed 2d 300 (1976). Specifically, it found that 

defendant was “in the middle of a consensual discussion with Officer Staman” when she 

“voluntarily approached him” and “voluntarily reached out of her door.” Therefore, the 

court concluded that Officer Staman “was legitimately in that area and it did not violate 

the constitution for him to effectuate an arrest by grabbing her arm when she reached out 

of her doorway.” The fact that the officer stepped inside defendant’s home to complete the 

arrest did not change the result, according to the trial court, because the officer was “clearly 

in pursuit for the arrest at that point . . . .” 

The case proceeded to trial. Defendant’s theory of the case was that she became 

intoxicated only after the accident. However, she acknowledged that she did not tell any 

of the officers that she drank when she got home. Defendant’s statements made to Officer 

Staman in his patrol car, as well as her blood-alcohol-content test results, were admitted at 

trial. After a jury trial, defendant was convicted as charged, and she was sentenced to five 

years’ probation and four months in jail for violating MCL 257.625 and to a concurrent 

term of 60 days in jail for violating MCL 257.621. 

Defendant appealed, continuing to challenge the trial court’s denial of her motion 

to suppress. The Court of Appeals, like the trial court, concluded that the arrest was 

constitutional under Santana, 427 US at 42, and that the trial court had not erred by denying 

defendant’s motion. People v Hammerlund, unpublished per curiam opinion of the Court 

of Appeals, issued October 17, 2017 (Docket No. 333827). Defendant sought leave to 

appeal in this Court, and we ordered oral argument on the application.2

 

 

2

 In our order, we directed the parties to address “whether it is constitutionally permissible 
 

6 

II. STANDARD OF REVIEW 

We review a trial court’s findings of fact at a suppression hearing for clear error. 

People v Williams, 472 Mich 308, 313; 696 NW2d 636 (2005). We examine the facts as 

they were presented to the trial court at the time of the suppression hearing, not as 

supplemented by evidence presented at trial. People v Kaigler, 368 Mich 281, 288; 118 

NW2d 406 (1962). Our review of the trial court’s application of Fourth Amendment 

principles, however, is de novo. People v Slaughter, 489 Mich 302, 310; 803 NW2d 171 

(2011). 

III. LEGAL BACKGROUND 

The Fourth Amendment of the United States Constitution provides: 

The right of the people to be secure in their persons, houses, papers, 

and effects, against unreasonable searches and seizures, shall not be violated, 

and no Warrants shall issue, but upon probable cause, supported by Oath or 

affirmation, and particularly describing the place to be searched, and the 

persons or things to be seized. [US Const, Am IV.][3]

 

for a police officer to compel, coerce, or otherwise entice a person located in his or her 

home to enter a public place to perform a warrantless arrest.” People v Hammerlund, 501 

Mich 1086, 1087 (2018). After receiving the benefit of briefing and oral argument, we 

find it improvident to consider this issue because the facts of this case do not lead to the 

conclusion that defendant subjected herself to a public arrest. That our order directed the 

parties to address the issue of constructive entry—which the dissent agrees need not be 

decided under the facts of this case—does not mean that we are imprudently or incorrectly 

deciding the very legal issues decided by the trial court and the Court of Appeals and 

briefed by the parties on appeal to this Court. 

3

 The Michigan Constitution, Const 1963, art 1, § 11, provides coextensive protection to 

that of its federal counterpart. See People v Mead, 503 Mich ___; ___ NW2d ___ (2019) 

(Docket No. 156376); slip op at 5. 
 

7 

The touchstone of the Fourth Amendment is reasonableness. Brigham City, Utah v Stuart, 

547 US 398, 403; 126 S Ct 1943; 164 L Ed 2d 650 (2006); see also People v Mead, 503 

Mich ___; ___ NW2d ___ (2019) (Docket No. 156376); slip op at 5 (“The Fourth 

Amendment demands nothing more or less than reasonableness.”). In order to be 

reasonable, an arrest must be justified by probable cause. Dunaway v New York, 442 US 

200, 208; 99 S Ct 2248; 60 L Ed 2d 824 (1979). “Probable cause to arrest exists where the 

facts and circumstances within an officer’s knowledge and of which he has reasonably 

trustworthy information are sufficient in themselves to warrant a man of reasonable caution 

in the belief that an offense has been or is being committed.” People v Champion, 452 

Mich 92, 115; 549 NW2d 849 (1996). 

Even when based on probable cause, however, a warrantless search or seizure inside 

a suspect’s home is presumptively unreasonable. Payton, 445 US at 586. In fact, the 

United States Supreme Court has recognized that “physical entry of the home is the chief 

evil against which the wording of the Fourth Amendment is directed.” Id. at 585 (quotation 

marks and citations omitted). To protect against unreasonable intrusions into the home, a 

warrant is required to “interpose the magistrate’s determination of probable cause between 

the zealous officer and the citizen.” Id. at 602. In other words, “the Fourth Amendment 

has drawn a firm line at the entrance to the house,” which “[a]bsent exigent 

circumstances . . . may not be reasonably crossed without a warrant.” Id. at 590; see also 

Kirk v Louisiana, 536 US 635, 638; 122 S Ct 2458; 153 L Ed 2d 599 (2002) (“As Payton

makes plain, police officers need either a warrant or probable cause plus exigent 

circumstances in order to make a lawful entry into a home.”). The burden of overcoming 
 

8 

the presumption of unreasonableness attached to a warrantless entry rests on the 

prosecution. People v Oliver, 417 Mich 366, 380; 338 NW2d 167 (1983). 

 Warrantless arrests that take place in public upon probable cause do not violate the 

Fourth Amendment. United States v Watson, 423 US 411, 423-424; 96 S Ct 820; 46 L Ed 

2d 598 (1976). In Michigan, this standard applies when probable cause exists for a 

misdemeanor. See People v Hamilton, 465 Mich 526, 533; 638 NW2d 92 (2002) 

(“[P]robable cause to arrest for a felony is not required; rather, probable cause that a crime 

(felony or misdemeanor) has been committed is the constitutional requirement for an 

arrest.”), overruled in part on other grounds by Bright v Ailshie, 465 Mich 770 (2002). 

IV. ANALYSIS 

As noted, the Fourth Amendment permits an arrest without a warrant in a public 

place as long as the police officer making the arrest possesses sufficient probable cause. 

Watson, 423 US at 423. The officer in this case had probable cause to arrest defendant for 

failing to report an accident that caused damage to fixtures. MCL 257.621(a). He 

personally observed damage to the guardrail and cement barrier near defendant’s 

abandoned vehicle. Further, defendant admitted to him that she was driving the car that 

caused the damage and that she did not report the accident to law enforcement. This 
 

9 

information was more than adequate to provide the officer with probable cause to believe 

that the misdemeanor offense had been committed.4

 Defendant does not argue otherwise.5 

 

4

 We take this opportunity to note that failure to report an accident resulting in damage to 

fixtures is a 90-day misdemeanor. Under Michigan law, therefore, Officer Staman was not 

statutorily authorized to arrest defendant. See MCL 764.15(1)(d) (A peace officer may 

make a warrantless arrest where “[t]he peace officer has reasonable cause to believe a 

misdemeanor punishable by imprisonment for more than 92 days or a felony has been 

committed and reasonable cause to believe the person committed it.”). However, a 

statutory violation and a constitutional violation are not one and the same. See Hamilton, 

465 Mich at 534 (“A number of decisions establish that statutory violations do not render 

police actions unconstitutional.”). 

5

 The dissent concludes that Officer Staman also possessed probable cause to arrest 

defendant for OWI-3d because he observed that defendant was “leaning against a wall as 

if to maintain balance,” “that her speech was slurred prior to transporting her to the police 

station,” and that she had previous OWI convictions. There are multiple problems with 

this conclusion. First, that defendant was slurring her speech and unstable on her feet could 

possibly provide probable cause to believe that she was under the influence when the crash 

occurred; however, considering the fact that defendant was in an accident in which her 

head collided with a steering wheel and the intervening time between the accident and the 

police contact, without more concrete facts it is a stretch to conclude that any unsteadiness 

or warped speech stemmed from intoxication that was present at the time she operated the 

vehicle. Second, the record is vague about when exactly Officer Staman noticed defendant 

slurring her speech, and it is unclear whether it was while she remained inside her home or 

only after she was arrested. Third, relatedly, there is nothing in the record to indicate that 

Officer Staman was aware of defendant’s prior OWI convictions before he made the arrest. 

The dissent speculates that Officer Staman “may well have been aware of” the prior 

convictions, but cites nothing in the record that supports such a statement other than the 

fact that OWI convictions are reported to the secretary of state under MCL 257.625(21)(a). 

 Further, what Officer Staman observed or discovered after the arrest is not relevant 

to whether the officer had probable cause to arrest in the first place. Probable cause to 

arrest exists where the facts and circumstances known to the officer would warrant a person 

of reasonable caution to believe that the offense was committed by the suspect. Champion, 

452 Mich at 115. The dissent’s reliance on Devenpeck v Alford, 543 US 146; 125 S Ct 

588; 160 L Ed 2d 537 (2004), is misplaced. Devenpeck, as the dissent acknowledges, states 

that an officer’s “subjective reason for making the arrest need not be the criminal offense 

as to which the known facts provide probable cause.” Id. at 153. As we have discussed, 
 

10 

While probable cause alone may justify a warrantless public arrest, the same is not 

true when it comes to arresting a suspect in her home. Under Payton, law enforcement 

must obtain a warrant or identify exigent circumstances that excuse the warrant 

requirement before entering a home to make an arrest. Payton, 445 US at 590. In this case, 

there is no dispute that Officer Staman completed defendant’s arrest inside her home. 

Instead of viewing this as a straightforward Payton violation, the lower courts relied on 

Santana to find that defendant’s Fourth Amendment rights remained intact because of her 

own actions before the arrest. 

In Santana, undercover officers who had probable cause to believe the defendant 

had just been involved in an illegal purchase of heroin drove to the defendant’s house and 

saw her standing in the doorway holding a brown paper bag. Santana, 427 US at 40. 

According to one officer, the defendant was “standing directly in the doorway—one step 

forward would have put her outside, one step backward would have put her in the vestibule 

of her residence.” Id. at n 1. The officers pulled up within 15 feet of the defendant and got 

out of the vehicle while shouting “police” and displaying their identification. Id. at 40. 

The defendant retreated into her home, and the officers followed her inside and arrested 

her, discovering drugs in the bag and marked money on her person. Id. at 40-41. Before 

trial, the defendant successfully moved to suppress the evidence after the trial court ruled 

 

the facts that were known to Officer Staman at the time of the arrest were not sufficient to 

establish probable cause for OWI or any other identified felony. The dissent’s position 

would allow the police to retroactively manufacture probable cause where none existed at 

the time the arrest was made. Most important, however, is that even if we were to conclude 

that the officer possessed probable cause to arrest defendant for OWI, it would not render 

this a constitutional arrest because there was no legitimate hot pursuit. 
 

11 

that a warrant was necessary to enter her home. Id. The United States Supreme Court 

reversed, concluding that (1) the arrest began in a public place, and (2) the police were in 

lawful hot pursuit when they entered the defendant’s home because there was a realistic 

expectation that she would destroy the evidence. Id. at 43. Therefore, the arrest was 

constitutional because “a suspect may not defeat an arrest which has been set in motion in 

a public place . . . by the expedient of escaping to a private place.” Id. 

A. PUBLIC ARREST 

In our view, Santana is distinguishable from the instant case. Unlike the defendant 

in Santana, in this case defendant was not “exposed to public view, speech, hearing, and 

touch, as if she had been standing completely outside her house.” Id. at 42. Defendant 

was never in a public place and possessed a reasonable expectation of privacy inside her 

home that she maintained throughout the encounter. The lower courts erred by holding 

otherwise. 

Initially, we do not agree with the Court of Appeals’ conclusion that defendant 

“went further” than the Santana defendant to expose herself to the public by approaching 

the doorway and “extending her arm beyond the threshold” to retrieve her identification. 

Hammerlund, unpub op at 5. The Santana defendant stood squarely in the middle of her 

doorway. Here, the circuit court found only that defendant “reached out of her door” to 

retrieve her property. According to the record, all that breached the threshold was some 

portion of defendant’s arm or hand.6

 

 

6

 Testimony concerning how far defendant reached out or how much—if any—of her body 

was exposed to the public is ambiguous at best. When asked if he went inside to grab her 
 

12 

 But the fact that some portion of defendant’s arm or hand crossed the threshold does 

not tell us the constitutional significance of this fact. Should we consider her to be in public 

if her whole arm was outside the threshold? What if it was only her wrist or a couple of 

her fingers? Fortunately, an attempt to determine how far defendant extended her arm or 

hand over the threshold and what that might mean is an unnecessary exercise.7

 Our Fourth 

Amendment analysis does not focus on such arbitrary calculations; our focus remains on 

determining whether a person sought to preserve her constitutionally protected reasonable 

expectation of privacy. See Katz v United States, 389 US 347, 351; 88 S Ct 507; 19 L Ed 

2d 576 (1967). 

 It is beyond clear that defendant had a reasonable constitutional expectation of 

privacy within her home. Payton, 445 US at 587 (“Freedom from intrusion into the home 

or dwelling is the archetype of the privacy protection secured by the Fourth Amendment.”) 

(quotation marks and citation omitted). Answering a knock at the door or speaking with 

 

arm, Officer Staman replied, “I stood on the outside of the porch when I initially grabbed 

it, and she had pulled away, which caused me to have to grab it again . . . .” On crossexamination, he stated: “I reached out to give her the I.D., and she reached out to grab it 

from me. That’s when I grabbed ahold of her wrist.” When asked where the “grab” took 

place, Officer Staman said, “I waited until her hand reached out to mine, so I didn’t reach 

in to give it to her, I just held it out and she reached out to grab it from me.” He testified 

that he did not think his hand “was ever inside the house . . . .” While the officer’s 

testimony does not illuminate how far defendant reached out to retrieve her identification, 

we cannot say that the trial court’s finding that defendant “reached out of her door” was 

clearly erroneous. People v Custer, 465 Mich 319, 325; 630 NW2d 870 (2001). 

7

 See Sparing v Village of Olympia Fields, 266 F3d 684, 689 (CA 7, 2001) (“Splitting 

fractions of an inch can be a very treacherous endeavor, producing arbitrary results. But 

we need not pull out our rulers and begin to measure. Under the Fourth Amendment, the 

point must be identified by inquiry into reasonable expectations of privacy.”). 
 

13 

officers does not destroy an occupant’s right to maintain a reasonable expectation of 

privacy from unreasonable intrusion. Kentucky v King, 563 US 452, 470; 131 S Ct 1849; 

179 L Ed 2d 865 (2011) (“[E]ven if an occupant chooses to open the door and speak with 

the officers, the occupant need not allow the officers to enter the premises and may refuse 

to answer any questions at any time.”).8

 The only question is whether defendant’s 

expectation of privacy remained intact when some portion of her hand or arm crossed the 

threshold to retrieve her property or if, by doing so, she somehow surrendered that 

expectation. 

 The lower courts compared this case to Santana to conclude that defendant did not 

have a reasonable expectation of privacy because she exposed herself to public arrest. See 

Hammerlund, unpub op at 5. Santana is distinguishable. In that case, the defendant was 

voluntarily standing in the middle of her open doorway before the police encounter even 

began; by doing so, she exposed herself to the public “as if she had been standing 

completely outside” and she did not have any reasonable expectation of privacy from the 

very beginning of the encounter. Santana, 427 US at 42. In contrast, defendant began this 

encounter inside her home—inside her bedroom—emerging only when she and her 

 

8

 The lower courts did not conclude that defendant exposed herself to public arrest by 

coming to the door or by talking to Officer Staman while standing 15 to 20 feet back from 

the door. Rather, the lower courts concluded that defendant subjected herself to public 

arrest only by extending her hand beyond the threshold when retrieving her identification. 

See Hammerlund, unpub op at 5 (“[D]efendant’s act of reaching out to grab her

identification . . . caused her to . . . expos[e] herself to a public arrest . . . .”). Accordingly, 

we need not decide whether her mere presence and interaction with Officer Staman at the 

door, and whether she did so voluntarily or as a result of coercion or deception, constituted 

exposure to public arrest. 
 

14 

roommate were threatened with arrest, and then remaining 15 to 20 feet away from the 

doorway. When asked to provide her driver’s license, she had her roommate pass it to 

Officer Staman while she remained away from the door. Defendant manifested an intent 

to stay inside, and Officer Staman was aware of that intention. Given her actions, she did 

not voluntarily and knowingly expose herself to the public as if she had been standing 

outside her house. Defendant’s actions made clear that she was carefully preserving her 

expectation of privacy. 

 Nonetheless, the Court of Appeals affirmed the trial court’s application of Santana

to this case because it reasoned that defendant exposed herself to public arrest by 

approaching the door and reaching out to retrieve her identification. Hammerlund, unpub 

op at 5. But there is a fundamental difference between the reasonable expectation of 

privacy of a person who voluntarily stands in an open doorway and the reasonable 

expectation of privacy of a person who remains inside the confines of her home, 

approaching the doorway only briefly and momentarily breaking the plane of the doorway 

with some portion of her arm or hand.9

 In other words, defendant did not surrender her 

 

9

 See United States v Flowers, 336 F3d 1222, 1227 (CA 10, 2003), holding that the 

defendant was not subject to public arrest under Payton and Kirk and distinguishing 

Santana: 

The record shows that at the time of Flowers’ arrest, and from the time 

that night at which the police officers first came to Flowers, Flowers was 

inside his home. Although Flowers put his arm and hand outside his house 

by extending them through the panel opening, the rest of his body did not 

cross his threshold. We believe that Flowers did not lose “the constitutional 

protection afforded to the individual’s interest in the privacy of his own 

home,” Payton, [445 US at 588,] by this limited exposure. Rather, Flowers 
 

15 

expectation of privacy because she did not expose herself to public view, speech, hearing, 

and touch as if she had been standing completely outside. Santana, 427 US at 42. 

Defendant manifested an intent to remain fully within her home by carefully 

standing several feet away from the door. She continued to manifest this intent when she 

approached the doorway briefly and only broke the plane of the doorway with some portion 

of her arm or hand. We think that society would recognize defendant’s behavior as 

preserving a reasonable expectation of privacy. In fact, we would venture that what society 

would not view as reasonable is exactly what occurred in this case—that a person suspected 

of a minor misdemeanor could be subjected to a warrantless arrest inside her home in the 

middle of the night. 

To recap, defendant’s expectation of privacy within her home was reasonable, and 

her action of reaching out over the threshold and retrieving her identification did not 

relinquish that reasonable expectation. Defendant was not exposed to public arrest, and 

accordingly, Santana is inapplicable to the facts of this case. 

B. EXIGENT CIRCUMSTANCES 

Beyond the fact that Santana does not apply because defendant did not leave the 

confines of her home or otherwise subject herself to public arrest, Santana is still 

 

showed a conscious intention to protect the privacy of his home by utilizing 

only the small hole in the wall. 

The dissent directs its attention to the factual differences between this case and Flowers, 

but it disregards the Flowers court’s focus on the defendant’s limited exposure of his hand 

outside the home in connection with his conscious intention to maintain his reasonable 

expectation of privacy, which is what we find most relevant to the instant discussion. 
 

16 

inapplicable because there was no hot pursuit or need for immediate police action. When 

officers have probable cause and exigent circumstances exist, it is reasonable under the 

Fourth Amendment for officers to enter a home without a warrant. Payton, 445 US at 590. 

Exigent circumstances exist when an emergency leaves law enforcement with insufficient 

time to obtain a warrant. Michigan v Tyler, 436 US 499, 509; 98 S Ct 1942; 56 L Ed 2d 

486 (1978). “Hot pursuit” of a fleeing felon is one recognized example of exigent 

circumstances. Santana, 427 US at 42-43. Unlike the lower courts, we do not believe that 

there was a legitimate hot pursuit in this case. 

To begin, application of the hot-pursuit doctrine under the instant circumstances is 

suspect. See Welsh v Wisconsin, 466 US 740, 750; 104 S Ct 2091; 80 L Ed 2d 732 (1984) 

(“Our hesitation in finding exigent circumstances, especially when warrantless arrests in 

the home are at issue, is particularly appropriate when the underlying offense for which 

there is probable cause to arrest is relatively minor.”). In fact, it is far from well settled 

that an officer with probable cause to arrest a suspect for a misdemeanor may rely on the 

hot-pursuit exception to make a warrantless home entry. Stanton v Sims, 571 US 3, 6, 10; 

134 S Ct 3; 187 L Ed 2d 341 (2013) (recognizing that the federal circuits are sharply 

divided on whether a necessary component of the hot-pursuit doctrine is the pursuit of a 

fleeing felon and that its own precedent was “equivocal” on the matter).10 

 

10 Our Court of Appeals addressed this issue decades ago, opining that “the less serious 

nature of a misdemeanor offense militates against extending the hot pursuit exception to 

justify an unannounced entry into a private residence to make such an arrest.” People v 

Strelow, 96 Mich App 182, 191; 292 NW2d 517 (1980). 
 

17 

However, even were we to characterize what occurred as a “pursuit,” that pursuit 

would be far from a “hot” one. “What makes the pursuit ‘hot’ is ‘the emergency nature of 

the situation,’ requiring ‘immediate police action.’ ” Smith v Stoneburner, 716 F3d 926, 

931 (CA 6, 2013) (citation omitted). In Santana, immediate action was necessary both 

because police were pursuing a fleeing felon and because there was a reasonable fear that 

the defendant would destroy evidence if they did not act quickly. Santana, 427 US at 42-

43. Here, defendant was suspected of a 90-day misdemeanor and there was no evidence 

of that crime that she could destroy. Indeed, all the elements of the crime were already 

known to the police. There is no suggestion that any emergency existed that would have 

entitled the police to enter defendant’s home throughout the conversation up to the point 

when defendant reached out to retrieve her identification. We fail to see how defendant’s 

interaction at the doorway created any kind of emergency, let alone one that would 

outweigh her expectation of privacy in her home. 

The Court of Appeals held that, under Santana, the officer’s pursuit of defendant 

was legitimate because he acted lawfully by attempting to grab her arm when she extended 

it beyond the threshold of her home. Hammerlund, unpub op at 6. As we have explained, 

critical to Santana’s holding was the fact that the defendant in that case was voluntarily in 

full public view when she first interacted with the police and before she retreated into her 

home. But, as previously discussed, defendant was not voluntarily exposed to public arrest 

at any point in the encounter. Therefore, unlike in Santana, when defendant pulled her arm 

away from the officer she did not thwart an “otherwise proper arrest” that had been “set in 

motion in a public place.” Santana, 427 US at 42-43. 
 

18 

C. PAYTON 

Because Santana is inapplicable, we return to Payton, which prohibits entry into a 

suspect’s home without a warrant in the absence of an emergency situation. Payton, 445 

US at 590. Defendant did not expose herself to public arrest or relinquish her reasonable 

expectation of privacy throughout the encounter and there was no hot pursuit, but Officer 

Staman conceded that defendant’s arrest was completed inside her home. Since the seizure 

occurred beyond the “firm line at the entrance of the house,” it was unreasonable because 

it was accomplished without a warrant, without consent, and without any exigent 

circumstances. Payton prohibits it.11

V. CONCLUSION 

Officer Staman completed defendant’s arrest inside her home, the place where the 

Constitution most protects her freedom from unreasonable governmental intrusion. 

Defendant was not subject to public arrest because she remained inside, she maintained her 

reasonable expectation of privacy, and her act of reaching out to retrieve her identification 

did not expose her to the public “as if she had been standing completely outside her house,” 

Santana, 427 US at 42. In addition, the circumstances were insufficient to justify the hotpursuit exception to the warrant requirement. Because the arrest was completed across the 

Fourth Amendment’s “firm line at the entrance of the home,” it was presumptively 

unreasonable. Payton, 445 US at 586, 590. It is the prosecution’s burden to overcome this 

 

11 Although we disagree with the dissent that there was no evidence of coercion in this 

case, because defendant’s arrest was completed in her home, we find it unnecessary to 

discuss or adopt the constructive-entry doctrine that defendant urges us to endorse. See 

United States v Morgan, 743 F2d 1158, 1166 (CA 6, 1984); People v Gillam, 479 Mich 

253, 261-266; 734 NW2d 585 (2007). 
 

19 

presumption, Oliver, 417 Mich at 380, and when the government’s interest is to arrest for 

a minor offense, the presumption that a warrantless entry into a home was unreasonable is 

difficult to rebut, Welsh, 466 US at 750. The prosecution failed to overcome this 

presumption, and the trial court and the Court of Appeals erred by concluding otherwise. 

Accordingly, we reverse the Court of Appeals judgment and remand to the trial 

court for further proceedings. Whether suppression of evidence under the exclusionary 

rule is appropriate is an issue separate from whether defendant’s Fourth Amendment rights 

were violated by police conduct. People v Hawkins, 468 Mich 488, 499; 668 NW2d 602 

(2003). Because the trial court found no constitutional violation, it did not opine on the 

application of the exclusionary rule. We remand this case to the trial court to consider this 

issue.12 

 Megan K. Cavanagh 

 Bridget M. McCormack 

 David F. Viviano 

 Richard H. Bernstein 

 Elizabeth T. Clement 

 

12 Amicus Curiae, the Prosecuting Attorneys Association of Michigan, urges this Court to 

conclude that the exclusionary rule must not apply here pursuant to its reading of New York 

v Harris, 495 US 14; 110 S Ct 1640; 109 L Ed 2d 13 (1990). Unlike the dissent, we believe 

that it would be imprudent to decide this issue given that neither the trial court nor the 

Court of Appeals addressed this argument, and we leave that issue to the parties to raise 

and the trial court to decide on remand. We note, however, that the prosecution 

acknowledged in its supplemental brief that defendant’s admissions following her arrest 

may be inadmissible under Harris. 
S T A T E O F M I C H I G A N 

SUPREME COURT 

PEOPLE OF MICHIGAN, 

 Plaintiff-Appellee, 

v No. 156901 

JENNIFER MARIE HAMMERLUND, 

 Defendant-Appellant. 

ZAHRA, J. (dissenting). 

The majority holds that defendant’s arrest violated the United States Constitution 

because defendant never left the sanctity of her home—or otherwise relinquished the 

reasonable expectation of privacy inherent to the home1

—when Officer Erich Staman 

began the process of arresting her. I respectfully dissent. I conclude that United States v 

Santana2

 is on point and applicable to the instant case and not, as held by the majority, 

meaningfully distinguishable from the facts presented in this case. In my view, nothing 

about the probable cause underlying the arrest or its location rendered it constitutionally 

deficient. But even if the warrantless entry into defendant’s home and subsequent arrest 

were improper under Payton v New York,

3

 the established facts are sufficient to hold that 

 

1

 See Payton v New York, 445 US 573, 585-586, 589-590; 100 S Ct 1371; 63 L Ed 2d 639 

(1980). 

2 United States v Santana, 427 US 38; 96 S Ct 2406; 49 L Ed 2d 300 (1976). 

3

 See Payton, 445 US at 585-586, 589-590. 
 

 2 

exclusion of the evidence obtained after the arrest is not appropriate under New York v 

Harris.

4

 For these reasons, I would affirm defendant’s convictions.5

I. NO MEANINGFUL DISTINCTION FROM UNITED STATES v SANTANA

The Fourth Amendment of the United States Constitution provides: 

The right of the people to be secure in their persons, houses, papers, and 

effects, against unreasonable searches and seizures, shall not be violated, and 

no Warrants shall issue, but upon probable cause, supported by Oath or 

affirmation, and particularly describing the place to be searched, and the 

persons or things to be seized.

An arrest of a person, like all seizures (and searches), must therefore be reasonable to pass 

constitutional muster.6

 Warrantless searches and seizures that occur within a defendant’s 

 

4 New York v Harris, 495 US 14; 110 S Ct 1640; 109 L Ed 2d 13 (1990). 

5

 This Court, in its May 30, 2018 order, required the parties to prepare supplemental briefs 

addressing a single issue: “whether it is constitutionally permissible for a police officer to 

compel, coerce, or otherwise entice a person located in his or her home to enter a public 

place to perform a warrantless arrest.” People v Hammerlund, 501 Mich 1086, 1087 

(2018). The majority does not address this question now because it has determined that 

defendant never left her home or otherwise relinquished her reasonable expectation of 

privacy prior to her arrest. Although I disagree with the majority’s reasoning, I would also 

decline to address this issue because—having reviewed the record—I have found no 

evidence of coercion in this case. 

Given that neither I nor the majority believes that the question posed to the parties 

in this Court’s May 30, 2018 order is pertinent to these proceedings, the best course of 

action is to either deny defendant’s application for leave or direct the parties to devote 

further briefing to the issues the majority now deems to be dispositive. For the reasons 

expressed in this dissent, I believe that the majority’s chosen course of action is imprudent 

and legally incorrect. 

6 Payton, 445 US at 585. 
 

 3 

home are presumptively unreasonable.7 Indeed, “ ‘physical entry of the home is the chief 

evil against which the wording of the Fourth Amendment is directed.’ ”8

 As the United 

States Supreme Court stated in Payton v New York: 

The Fourth Amendment protects the individual’s privacy in a variety of 

settings. In none is the zone of privacy more clearly defined than when 

bounded by the unambiguous physical dimensions of an individual’s home—

a zone that finds its roots in clear and specific constitutional terms: “The right 

of the people to be secure in their . . . houses . . . shall not be violated.” That 

language unequivocally establishes the proposition that “[a]t the very core 

[of the Fourth Amendment] stands the right of a man to retreat into his own 

home and there be free from unreasonable governmental intrusion.” In terms 

that apply equally to seizures of property and to seizures of persons, the 

Fourth Amendment has drawn a firm line at the entrance to the house. 

Absent exigent circumstances, that threshold may not reasonably be crossed 

without a warrant.[9]

On the other hand, arrests made in public places are not afforded nearly the same 

level of protection under the Fourth Amendment.10 Rather, in public settings, a police 

officer does not typically violate the Fourth Amendment by performing a warrantless arrest 

as long as it is supported by probable cause.11 Critically, under the United States Supreme 

Court’s decision in United States v Santana, the doorway of one’s residence is considered 

 

7 Id. at 586. 

8 Id. at 585-586, quoting United States v United States Dist Court for the Eastern Dist of 

Mich, 407 US 297, 313; 92 S Ct 2125; 32 L Ed 2d 752 (1972). 

9 Payton, 445 US at 589-590 (citation omitted). 

10 See Santana, 427 US at 42. 

11 Id. 
 

 4 

a public space for purposes of Fourth Amendment analyses.12 That is, a defendant does 

not have an “expectation of privacy” in the threshold separating the interior of his or her 

home from the outside world.13

In Santana, the police went to the defendant’s house on the basis of information that 

she was in possession of marked money used to make a controlled purchase of heroin by 

an undercover agent.14 Testimony established that, when the officers arrived, the defendant 

was “standing directly in the doorway[;] one step forward would have put her outside, one 

step backward would have put her in the vestibule of her residence.”15 The officers 

displayed identification and shouted “police,” prompting the defendant to retreat into the 

vestibule of the house.16 As she did, the defendant spilled two bundles of paper packets 

containing a white powder, later determined to be heroin.17 The police followed the 

defendant into her home, restrained her, and asked her to empty her pockets.18 The 

defendant produced $70 of marked money.19 The defendant was charged with distribution 

 

12 Id. at 40, 42. 

13 Id. at 42. 

14 Id. at 39-40. 

15 Id. at 40 n 1. 

16 Id. at 40. 

17 Id. at 40-41. 

18 Id. 

19 Id. at 41. 
 

 5 

of heroin, and she moved to suppress evidence recovered at the scene.20 The Supreme 

Court of the United States determined that suppression was inappropriate because the arrest 

was “set in motion in a public place . . . .”21 That is, the defendant was in a public place—

the threshold of her home, where she had no reasonable expectation of privacy—when the 

police, armed with probable cause, sought to arrest her.22 The defendant could not avoid 

an otherwise proper arrest by retreating into her home because law enforcement officers 

armed with probable cause for an arrest are within constitutional bounds to engage in a 

“hot pursuit” of a fleeing felon, even if that pursuit requires intrusion into the home.23 The 

Supreme Court observed that “[t]he fact that the pursuit here ended almost as soon as it 

began did not render it any the less a ‘hot pursuit’ sufficient to justify the warrantless entry 

into Santana’s house.”24

In the present case, the majority makes much of the fact that defendant began her 

encounter with Officer Staman from a position within the interior of her home. But this 

factual distinction from Santana25 is without legal significance. What mattered in Santana

 

20 Id. 

21 Id. at 43. 

22 Id. at 42. 

23 Id. at 42-43. As the Supreme Court noted, the “hot pursuit” exception to the warrant 

requirement is a form of the exigent-circumstances exception. Id. & 43 n 3, citing Warden, 

Maryland Penitentiary v Hayden, 387 US 294, 298; 87 S Ct 1642; 18 L Ed 2d 782 (1967). 

24 Santana, 427 US at 43. 

25 See id. at 40. 
 

 6 

was that the arrest was initiated from a lawful point in a public place.26 I would hold that 

Officer Staman complied with this aspect of Santana by initiating the arrest only after 

defendant voluntarily reached across the threshold of her home to retrieve her 

identification.27 

The majority suggests that the record is unclear regarding how much of defendant’s 

arm or body was on either side of the imaginary line dividing the protected area within the 

interior of the home and the unprotected public space outside. While defendant’s exact 

position at the time the arrest was initiated has not been established with pinpoint accuracy, 

the uncontroverted record evidence shows that Officer Staman did not reach across the 

threshold of the house at all when defendant attempted to retake her identification. At the

evidentiary hearing following defendant’s motion to suppress,28 Officer Staman testified, 

 

26 See id. at 42. 

27 Contrary to the majority’s assertion, the conduct of other police officers prior to 

defendant’s interaction with Officer Staman does nothing to affect this analysis. Defendant 

testified at trial that the officers who came to her door before Officer Staman’s arrival 

threatened her and her roommate with arrest if defendant did not get out of bed and come 

to her door. Putting aside that this testimony is arguably inadmissible hearsay relating to 

the statements of her roommate and of the police officers—all of whom never testified 

during these proceedings—the officers’ actions have no bearing on whether defendant 

maintained a reasonable expectation of privacy when she voluntarily reached across her 

threshold during her subsequent interaction with Officer Staman. Although I am troubled 

by defendant’s testimony pertaining to the conduct of the officers who preceded Officer 

Staman, her position inside the home before she spoke with Officer Staman does not 

invalidate the conclusion that, at the time of her arrest, defendant was “exposed to public 

view, speech, hearing, and touch as if she had been standing completely outside her house.” 

See id. 

28 Because the parties harbored some disagreement as to the pertinent facts at the initial 

suppression hearing, the trial court allowed for an evidentiary hearing to establish the 

relevant facts of the case. 
 

 7 

“I don’t think my hand was ever inside the house when I handed [defendant] the I.D.”29 

Rather, he only entered the house when he took hold of defendant and was pulled inside 

while attempting to complete the arrest. Some part of defendant’s person, at the very least 

up to her wrist, had extended beyond the constitutionally protected bounds of her home; 

and from the record, it appears that there is no evidence that Officer Staman took hold of 

any part of defendant’s person that remained inside the house at the moment when he 

initiated the arrest. 

On this record, I disagree with the majority’s assertion that defendant had a 

reasonable expectation of privacy at the time of the arrest.30 In Katz v United States, the 

Supreme Court of the United States held that “[w]hat a person knowingly exposes to the 

public, even in his own home or office, is not a subject of Fourth Amendment protection.”31 

I discern no principled reason why the act of appearing at the doorway and reaching outside

 

29 I cannot conclude that the record lacks clarity merely because Officer Staman testified 

that he did not “think [his] hand was ever inside the house when [he] handed [defendant] 

the I.D.” Taken at face value, the testimony establishes that Officer Staman believed he 

initiated the arrest while defendant extended some part of her body outside. To the extent 

the phrase “I don’t think” may be viewed as qualifying Officer Staman’s testimony, the 

absence of any contradictory evidence looms large. Simply stated, Officer Staman’s 

testimony is uncontroverted. 

30 I take further issue with the practical application of the majority’s holding. If future 

arrests are initiated near the threshold of a defendant’s home, is the defendant—who 

maintains a single foot inside the interior of the home—free from warrantless arrest simply 

because they “manifest[] an intent to stay inside, and [law enforcement is] aware of that 

intention”? Regardless, even if defendant subjectively intended to maintain a reasonable 

expectation of privacy while standing away from the door at the beginning of her 

interaction with Officer Staman, this expectation could not remain reasonable when she 

moved forward and voluntarily reached across the threshold of her home. 

31 Katz v United States, 389 US 347, 351; 88 S Ct 507; 19 L Ed 2d 576 (1967). 
 

 8 

is not properly characterized as “knowingly expos[ing oneself] to the public.” Several 

federal circuit courts agree. Consider Sparing v Village of Olympia Fields,

32 the case cited 

by the majority for the proposition that “an attempt to determine how far defendant 

extended her arm or hand over the threshold and what that might mean is an unnecessary 

exercise.” In that case, the United States Court of Appeals for the Seventh Circuit 

explained a “doorway arrest” as follows: 

But what if the individual is not voluntarily standing in an open 

doorway, but answers a knock at the door, standing by a “fraction of an inch” 

behind an open doorway? We still apply Santana-type “public view, speech, 

hearing, and touch” analysis to aid in the determination of whether a 

reasonable expectation of privacy exists . . . . 

 . . . [W]hen an individual voluntarily stands behind an open 

doorway—fractions of an inch “inside the home”—ordinarily, for purposes 

of the Fourth Amendment, she stands outside, in a public place.[33] 

Sparing is not the only federal circuit case to hold that a person standing entirely inside the 

home by a small amount is in a “public place” for the purposes of the Fourth Amendment 

(and thus potentially subject to warrantless arrest). In United States v Vaneaton, the issue 

was whether “the police, acting with probable cause but without a warrant and while 

standing outside [the defendant’s] motel room, could lawfully arrest [the defendant] while 

he was standing immediately inside the open doorway.”34 The United States Court of 

Appeals for the Ninth Circuit concluded that the arrest was lawful, reasoning that the 

 

32 Sparing v Village of Olympia Fields, 266 F3d 684 (CA 7, 2001). 

33 Id. at 689. 

34 United States v Vaneaton, 49 F3d 1423, 1425 (CA 9, 1995). 
 

 9 

defendant “exposed himself in a public place” because “he voluntarily opened the door and 

exposed both himself and the immediate area to them.”35 Similarly, in United States v 

Council, the United States Court of Appeals for the Eighth Circuit concluded that a 

warrantless arrest was lawful where the defendant was arrested “at the doorway of his 

camper.”36 The court explained that the precise placement of the defendant in relation to 

the doorway was not dispositive: 

Lest we become too preoccupied with the exact location of the 

individual in relation to the doorway, we make clear our general conclusion 

that [the defendant] forfeited any reasonable expectation of privacy during 

the exchange. When [the defendant] appeared at his doorway, he was not 

merely visible to the public, but was as exposed to public view, speech, 

hearing, and touch as if he had been standing completely outside his house.[37]

These courts properly applied the principles set forth in Katz and Santana.

38

 

35 Id. at 1427. 

36 United States v Council, 860 F3d 604, 606-607 (CA 8, 2017). 

37 Id. at 610-611 (quotation marks, citations, and brackets omitted). 

38 The majority’s reliance on the decision of the United States Court of Appeals for the 

Tenth Circuit in United States v Flowers, 336 F3d 1222 (CA 10, 2003), is misplaced. In 

that case, the police learned that the defendant was selling alcohol (among other things) 

illegally from his home. Id. at 1223. Although the defendant was not initially aware that

he was speaking to police, he interacted with them from behind a closed door. Id. at 1224. 

When the police requested that the defendant sell them wine, the defendant opened a panel 

adjacent to the door with a bottle of wine in hand and stated that the purchase would cost 

$3.00. Id. At that point, the police made themselves known and requested entry into the 

defendant’s home. Id. The defendant obliged, and the police arrested him once inside the 

home. Id. The Tenth Circuit held that, absent exigent circumstances, the arrest violated 

the Fourth Amendment, stating: 

Although [the defendant] put his arm and hand outside his house by 

extending them through the panel opening, the rest of his body did not cross 

his threshold . . . . [The defendant] did not lose “the constitutional protection 
 

 10 

The Santana Court reasoned that the defendant was in a public place when she stood 

in the threshold of her home because “[s]he was not merely visible to the public but was as 

exposed to public view, speech, hearing, and touch as if she had been standing completely 

outside her house.”39 So, too, was defendant in this case “exposed to public view, speech, 

hearing, and,” clearly, “touch” as if no part of her was occupying the space within her home 

at the time of her arrest.40 Officer Staman testified at trial that, during his initial interaction 

with defendant, “it was still dark, but you could see who [he] was talking to inside the 

house without any difficulty.” No door or barrier impeded defendant’s ability to speak to 

Officer Staman from a point initially between 10 and 20 feet within her home or her ability 

to reach across the threshold in an attempt to retake her identification, nor did any such 

barrier prevent Officer Staman from taking hold of some portion of defendant’s hand or 

wrist without crossing the threshold himself. When Officer Staman initiated the arrest by 

taking hold of the part of defendant that crossed her threshold, it was of no consequence 

that some other portion of her body remained within the protected area of the home’s 

 

afforded to the individual’s interest in the privacy of his own home . . . .” [Id. 

at 1227, quoting Payton, 445 US at 588.] 

While the majority cites Flowers for its acknowledgment of the defendant’s “conscious 

intention to maintain his reasonable expectation of privacy,” that case is easily 

distinguishable because the defendant cannot be said to have been “exposed to public view, 

speech, hearing, and touch as if []he had been standing completely outside h[is] house” 

when he reached his arm through a panel next to an adjacent but closed front door. See 

Santana, 427 US at 42. As discussed, the circumstances involved in this case are quite 

different. 

39 Id., citing Hester v United States, 265 US 57, 59; 44 S Ct 445; 68 L Ed 898 (1924). 

40 See Santana, 427 US at 42. 
 

 11 

interior. As was the case in Santana, the circumstances surrounding the arrest reveal that 

defendant’s expectation of privacy was diminished to a point “as if she had been standing 

completely outside her house.”41

II. PROBABLE CAUSE TO ARREST DEFENDANT 

 Having determined that the Santana holding is applicable under these facts, it is still 

necessary to determine whether Officer Staman had probable cause to arrest defendant42

and whether a “hot pursuit” justified Officer Staman’s entry into the home after initiating 

the arrest. I would hold that Officer Staman had probable cause sufficient to execute a 

public arrest and that—regardless of the relatively fleeting “pursuit” leading into 

defendant’s home—Officer Staman’s entry after beginning the arrest was lawful. 

 As the majority articulates, “[p]robable cause to arrest exists where the facts and 

circumstances within an officer’s knowledge and of which he has reasonably trustworthy 

information are sufficient in themselves to warrant a man of reasonable caution in the belief 

that an offense has been or is being committed.”43 In this case, by the time Officer Staman 

attempted to perform the arrest at issue, he had already discovered an abandoned car 

registered to defendant bearing indication that it had been the cause of damage to public 

road fixtures. After Officer Staman arrived at defendant’s residence, defendant made 

 

41 See id. 

42 See id. 

43 People v Champion, 452 Mich 92, 115; 549 NW2d 849 (1996). See also Devenpeck v 

Alford, 543 US 146, 152; 125 S Ct 588; 160 L Ed 2d 537 (2004), citing Maryland v Pringle, 

540 US 366, 371; 124 S Ct 795; 157 L Ed 2d 769 (2003). 
 

 12 

noncustodial prearrest statements that she was driving and that she had left the scene of the 

accident without reporting the damage. Probable cause was therefore clearly established 

as to defendant’s involvement in failing to report an accident causing damage to fixtures.44 

MCL 764.15 outlines several state-specific rules for conducting warrantless arrests. 

Under that statute, a police officer may conduct a warrantless arrest for any felony, 

misdemeanor, or ordinance violation committed in that officer’s presence.45 Felonies can 

form the basis for a valid warrantless arrest under MCL 764.15(1)(b) even when not 

committed in the officer’s presence; but misdemeanors that are not committed in the 

officer’s presence can only form the basis for a warrantless arrest under MCL 764.15(1)(d) 

when they are punishable by imprisonment for more than 92 days and when the arresting 

officer has “reasonable cause” to believe the person being arrested committed the 

misdemeanor. Here, Officer Staman went to defendant’s home to investigate a suspected 

failure to report an accident causing damage to fixtures in violation of MCL 257.621, 

although the crime was not committed in his presence. Failure to report an accident causing 

damage to fixtures is only a 90-day misdemeanor.46 Accordingly, it does not meet the 

criteria for a valid warrantless arrest under MCL 764.15(1)(d). The arrest at issue therefore 

constituted a statutory violation. 

Nevertheless, as this Court stated in People v Hawkins: 

 

44 See MCL 257.621. 

45 MCL 764.15(1)(a). 

46 MCL 257.621(a); MCL 257.901(1) and (2). 
 

 13 

Irrespective of the application of the exclusionary rule in the context 

of a constitutional violation, the drastic remedy of exclusion of evidence does 

not necessarily apply to a statutory violation. Whether the exclusionary rule 

should be applied to evidence seized in violation of a statute is purely a matter 

of legislative intent.[47]

That is, “where there is no determination that a statutory violation constitutes an error of 

constitutional dimensions, application of the exclusionary rule is inappropriate unless the 

plain language of the statute indicates a legislative intent that the rule be applied.”48 

Nothing in the text of MCL 764.15 indicates that violations of the statute warrant 

application of the exclusionary rule. Thus, exclusion of evidence on the basis of violations 

of that statute is appropriate only if such violations establish “error of constitutional 

dimensions.”49 The majority appears to acknowledge as much in a footnote.50

 Putting aside, for the moment, probable cause to arrest defendant for failure to report 

an accident causing damage to fixtures, precedent from the Supreme Court of the United 

States provides: 

[A]n arresting officer’s state of mind (except for the facts that he knows) is 

irrelevant to the existence of probable cause. That is to say, his subjective 

reason for making the arrest need not be the criminal offense as to which the 

known facts provide probable cause. As we have repeatedly explained, the 

fact that the officer does not have the state of mind which is hypothecated by 

the reasons which provide the legal justification for the officer’s action does 

not invalidate the action taken as long as the circumstances, viewed 

objectively, justify that action. [T]he Fourth Amendment’s concern with 

“reasonableness” allows certain actions to be taken in certain circumstances, 

 

47 People v Hawkins, 468 Mich 488, 500; 668 NW2d 602 (2003). 

48 Id. at 507. 

49 Id. 

50 See note 4 of the majority opinion. 
 

 14 

whatever the subjective intent. [E]venhanded law enforcement is best 

achieved by the application of objective standards of conduct, rather than 

standards that depend upon the subjective state of mind of the officer.[51] 

Regardless of the propriety of an arrest for defendant’s failure to report an accident causing 

damage to fixtures, Officer Staman also had probable cause to initiate an arrest for 

operating a vehicle under the influence of intoxicating liquor, third offense, in violation of 

MCL 257.625(9)(c). The felony information and affidavit of probable cause in the record 

state that defendant had been convicted of operating while intoxicated twice in the past—

once in 1998 and once in 2006.52 Officer Staman testified at the evidentiary hearing that 

 

51 Devenpeck, 543 US at 153 (quotation marks and citations omitted). See also United 

States v Anderson, 923 F2d 450, 457 (CA 6, 1991) (“[K]nowledge of the precise crime 

committed is not necessary to a finding of probable cause provided that probable cause 

exists showing that a crime was committed by the defendants.”).

52 The majority suggests that defendant’s prior two convictions cannot be relevant to the 

probable cause supporting the arrest because the record is unclear as to whether Officer 

Staman was actually aware of the convictions at the time of the arrest. See note 5 of the 

majority opinion. As a preliminary matter, Officer Staman may well have been aware of 

those convictions, having testified at the evidentiary hearing that, in order to determine the 

registered owner of the vehicle at the scene of the accident, he had to consult secretary of 

state records. See MCL 257.625(21)(a) (prior convictions for operating under the influence 

under MCL 257.625(1) are reported to the secretary of state). 

Regardless, the majority’s interpretation of Devenpeck ignores language from the 

Supreme Court’s opinion stating that an officer’s “subjective reason for making the arrest 

need not be the criminal offense as to which the known facts provide probable cause,” and 

“the fact that the officer does not have the state of mind which is hypothecated by the 

reasons which provide the legal justification for the officer’s action does not invalidate the 

action taken as long as the circumstances, viewed objectively, justify that action.” See 

Devenpeck, 543 US at 153 (emphasis added; quotation marks omitted). This language is 

consistent with the Supreme Court’s guidance in Herring v United States, which explained 

that exclusion is a tool of “ ‘last resort, not [of] first impulse . . . .’ ” Herring v United 

States, 555 US 135, 140; 129 S Ct 695; 172 L Ed 2d 496 (2009), quoting Hudson v 

Michigan, 547 US 586, 591; 126 S Ct 2159; 165 L Ed 2d 56 (2006). That is, the 

exclusionary rule is properly applied only where it results in “appreciable deterrence” of 

future Fourth Amendment violations. Herring, 555 US at 141 (quotation marks and 
 

 15 

when he was dispatched to the scene of the accident, he found defendant’s vehicle 

abandoned, facing the wrong direction on an exit ramp from US-131, and showing signs 

that it had struck both of the protective barriers on the exit ramp. Defendant, herself, did 

not report the accident to the police. After Officer Staman arrived at defendant’s home, he 

observed defendant leaning against a wall as if to maintain balance. He also noticed that 

her speech was slurred prior to transporting her to the police station.53 A violation of MCL 

 

citation omitted). Even when exclusion may facilitate some marginal degree of such 

deterrence, exclusion is not appropriate if the cost of applying the rule—“letting guilty and 

possibly dangerous defendants go free”—outweighs the potential benefit. Id. “[T]he rule’s 

‘costly toll’ upon truth-seeking and law enforcement objectives presents a high obstacle 

for those urging application of the rule.” Pennsylvania Bd of Probation & Parole v Scott, 

524 US 357, 364-365; 118 S Ct 2014; 141 L Ed 2d 344 (1998). Moreover, the Herring

Court explained, “[t]he extent to which the exclusionary rule is justified by these deterrence 

principles varies with the culpability of the law enforcement conduct.” Herring, 555 US 

at 143. “[E]vidence should be suppressed ‘only if it can be said that the law enforcement 

officer had knowledge, or may properly be charged with knowledge, that’ ” his or her 

conduct violated the Fourth Amendment. Illinois v Krull, 480 US 340, 348-349; 107 S Ct 

1160; 94 L Ed 2d 364 (1987), quoting United States v Peltier, 422 US 531, 542; 95 S Ct 

2313; 45 L Ed 2d 374 (1975). 

Here, the record reveals no evidence that Officer Staman believed this arrest to be 

unlawful before proceeding in spite of such awareness. Indeed, from his testimony at the 

evidentiary hearing, it seems clear that—notwithstanding the probable cause or lack thereof 

pertaining to the offense of operating a motor vehicle under the influence of intoxicating 

liquor—Officer Staman believed that he was arresting defendant for a 93-day misdemeanor 

in compliance with MCL 764.15(1)(d). There is no flagrant or culpable conduct on the 

part of the police to deter in future cases. The circumstances existing at the time of the 

arrest were sufficient to establish probable cause, and Officer Staman’s failure to recognize 

that he was able to arrest defendant for operating a vehicle while under the influence of 

intoxicating liquor should not be punished by implementation of the exclusionary rule. 

53 The majority believes that “more concrete facts”—aside from the nature of defendant’s 

accident, the fact that defendant abandoned her crashed vehicle without contacting the 

police, defendant’s use of a wall in a manner suggesting that she needed it to maintain 

balance, and defendant’s slurred speech—are necessary to establish probable cause to 

believe that defendant was under the influence of intoxicating alcohol when the accident 
 

 16 

257.625(9)(c) would constitute a felony. Thus, Officer Staman was statutorily authorized 

under MCL 764.15(1)(b) and (h) to arrest defendant, notwithstanding his mistaken belief 

that failure to report an accident to fixtures was a 93-day misdemeanor. 

III. HOT PURSUIT 

Moving forward, it becomes necessary to determine whether the arrest was 

improper under Fourth Amendment jurisprudence because it was completed inside

defendant’s home, even though Officer Staman initially took hold of defendant when she 

voluntarily extended her hand into a public space to retrieve her identification. The Court 

of Appeals accurately alluded to the holding in Santana, stating that “a suspect may not 

defeat an arrest which has been set in motion in a public place . . . by the expedient of 

escaping to a private place.”54 As noted by the majority, there appears to be a divide in the

 

occurred. To be certain, one can imagine a scenario in which defendant imbibed alcoholic 

beverages only after returning home. The majority entertains such scenarios by speculating 

that defendant’s slurred speech and unstable stance were due to the accident. But the 

United States Supreme Court instructs us that “[p]robable cause . . . is not a high bar: It 

requires only the kind of fair probability on which reasonable and prudent people, not legal 

technicians, act.” Kaley v United States, 571 US 320, 338; 134 S Ct 1090; 188 L Ed 2d 46 

(2014), quoting Florida v Harris, 568 US 237, 244; 133 S Ct 1050; 185 L Ed 2d 61 (2013) 

(quotation marks, citation, and brackets omitted). On the information available to Officer 

Staman and the circumstances present at the time of the arrest, it was reasonable for him to 

conclude that defendant had been under the influence of intoxicating liquor at the time of 

her accident, particularly in light of her failure to report the accident to the police. This 

remains true regardless of other possible explanations for defendant’s demeanor and her 

inexplicable failure to report her accident—an accident in which she collided with multiple 

protective barriers and left her damaged vehicle near the roadway facing the wrong 

direction. Given these facts, this arrest was not the product of a violation of the Fourth 

Amendment, but rather the result of sound investigatory police work.

54 See Santana, 427 US at 43. 
 

 17 

federal courts as to whether the “hot pursuit” exception applies to warrantless entry into 

the home of a fleeing defendant suspected of committing a misdemeanor.

55 Indeed, our 

Court of Appeals has previously held that the “hot pursuit” exception to the warrant 

requirement did not allow for entry into the home of a defendant suspected of committing 

a misdemeanor.56

 In any event, this Court need not take a stance on this issue in the present case. As 

previously stated, Officer Staman would have had probable cause to believe that defendant 

operated a vehicle under the influence of intoxicating liquor—a felony where, as here, it is 

a defendant’s third such offense57—before the arrest. Where Officer Staman had probable 

cause to believe that such a violation occurred, the “hot pursuit” exception would 

undoubtedly apply.58 Accordingly, when Officer Staman took hold of defendant in a public 

place and defendant began to resist and pull away, Officer Staman could lawfully pursue 

defendant into her home to prevent her escape.59 As stated by the Supreme Court in 

 

55 See Stanton v Sims, 571 US 3, 6; 134 S Ct 3; 187 L Ed 2d 341 (2013). 

56 People v Strelow, 96 Mich App 182, 191; 292 NW2d 517 (1980). 

57 See MCL 257.625(9)(c). 

58 See Devenpeck, 543 US at 153. 

59 See Santana, 427 US at 43. The majority suggests that Officer Staman could not rely on 

the “hot pursuit” exception to the warrant requirement partly because there was no evidence 

that defendant could destroy; although it is worth noting that evidence in the form of 

defendant’s measurable blood alcohol level would dissipate over time. Regardless, 

preventing the destruction of evidence is only one consideration in an analysis of exigent 

circumstances. See Minnesota v Olson, 495 US 91, 100; 110 S Ct 1684; 109 L Ed 2d 85 

(1990). In Olson, the United States Supreme Court stated: 
 

 18 

Santana, “[t]he fact that the pursuit here ended almost as soon as it began did not render it 

any the less a ‘hot pursuit’ sufficient to justify the warrantless entry into [defendant’s] 

house.”60

 The arrest in this case was supported by probable cause, initiated in a public place 

in accordance with Santana, and properly completed inside defendant’s home pursuant to 

the “hot pursuit” exception to the warrant requirement. 

 

The Minnesota Supreme Court applied essentially the correct standard 

in determining whether exigent circumstances existed. The court observed 

that “a warrantless intrusion may be justified by hot pursuit of a fleeing felon, 

or imminent destruction of evidence . . . , or the need to prevent a suspect’s 

escape, or the risk of danger to the police or to other persons inside or outside 

the dwelling.” [Id., quoting State v Olson, 436 NW2d 92, 97 (Minn, 1989) 

(emphasis added; citation omitted).] 

Thus, while the arrest may not have been valid solely on the basis of an attempt to preserve 

evidence, entry into defendant’s home was necessary to prevent the circumvention of a 

constitutionally proper arrest, which was initiated from a position outside the protected 

area inside the home. 

60 Santana, 427 US at 43. I am cognizant of the rule that police cannot create the exigent 

circumstances relied on in entering a defendant’s home. See Kentucky v King, 563 US 452, 

462; 131 S Ct 1849; 179 L Ed 2d 865 (2011). Even so, that rule merely bars application 

of the exigent-circumstances exception—including pursuit of a fleeing felon—where the 

police “create the exigency by engaging or threatening to engage in conduct that violates 

the Fourth Amendment . . . .” Id. As previously alluded to, the record does not support 

the notion that Staman ever engaged in or threatened to engage in conduct that would 

violate the Fourth Amendment. Rather, defendant voluntarily reached across her threshold 

to take back her identification after it was offered to her. There was no indication presented 

in the lower court proceedings that defendant was improperly coerced into leaving the 

sanctity of her home on the basis of some show of authority or threat that removed the 

element of choice. The majority disagrees, see note 11 of the majority opinion, but it fails 

to cite any part of the record in support of its position. 
 

 19 

IV. APPLICATION OF NEW YORK v HARRIS 

 But even if the “hot pursuit” exception does not apply, defendant still would not be 

entitled to suppression of the evidence. Defendant is denied the relief she seeks by the 

United States Supreme Court’s opinion in New York v Harris,

61 a case referred to by the 

majority in a single footnote. The majority remands the case to the trial court but does not 

decide this issue, noting that neither the trial court nor the Court of Appeals addressed the 

application of the exclusionary rule. Because the facts of the case have been sufficiently 

developed such that we could apply the holding in Harris, I believe that we should do so 

in the name of judicial efficiency. 

In Harris, the United States Supreme Court explained that “the rule in Payton was 

designed to protect the physical integrity of the home; it was not intended to grant criminal 

suspects . . . protection for statements made outside their premises where the police have 

probable cause to arrest the suspect for committing a crime.”62 That is, “where the police 

have probable cause to arrest a suspect, the exclusionary rule does not bar the State’s use 

of a statement made by the defendant outside of his home, even though the statement is 

taken after an arrest made in the home in violation of Payton,” as long as the statement is 

not rendered inadmissible on some other grounds, e.g., coercion.

63 It seems clear, then, 

that because Officer Staman had probable cause to arrest defendant for failure to report an 

accident causing damage to fixtures and for operating a motor vehicle under the influence 

 

61 See Harris, 495 US at 17. 

62 Id. 

63 Id. at 20-21. 
 

 20 

of intoxicating liquor, defendant’s statements in Officer Staman’s police cruiser—made 

after waiving her Miranda rights—would be admissible even if the arrest inside 

defendant’s home violated the rule in Payton.

64 I see no reason why the rule in Harris

would not extend to uphold the admissibility of defendant’s blood-alcohol-level tests as 

well. 

V. CONCLUSION 

I would hold that there was no constitutional defect in the probable cause supporting 

the arrest and no constitutional defect stemming from the location of the arrest. Even if a 

constitutional error did occur when Officer Staman entered the home to complete the arrest, 

the United States Supreme Court’s holding in Harris65 instructs that the exclusionary rule 

would not serve to bar admission of defendant’s self-incriminating statements made in 

Officer Staman’s police vehicle or to the blood-alcohol-level tests administered in this case. 

For these reasons, I believe the lower courts ultimately reached the correct conclusion. I 

would affirm defendant’s convictions. 

 Brian K. Zahra 

 Stephen J. Markman 

 

64 See id. 

65 See id.