Iowa case law is clear that if a person is behind the wheel of an automobile with the engine operating, and that person is intoxicated, they would be guilty of OWI. The vehicle does not have to be in motion, and the State does not have to prove any intent to drive. Mere “operation” of the engine is enough to satisfy the requirements for the statute.
As I have stated elsewhere on this website, if you are intoxicated, and need to “sleep it off” in a car, do not place the keys in the ignition, do not sit behind the wheel, and never start the engine.
But, let’s suppose a person is sleeping behind the wheel with the engine operating, in a legal parking space. What rights to the police have to knock on the window, open the door, or otherwise begin an OWI investigation?
This question can become very complex, and it will take us to the roots of search and seizure law. Foremost, the State needs a warrant before any search or seizure is conducted, unless there is an “exception.” And in some cases, the exceptions are starting to swallow the rule.
I will skip the element of “seizure” for this discussion, and we can assume that a seizure has taken place in this case. Whether or not a legal seizure has occurred is a deep question, one that could fill many pages of blog entries.
One exception to the warrant requirement is if the State has a reasonable suspicion that criminal activity is afoot. What would this be? If an officer comes across a person sleeping behind the wheel of an operating vehicle, and there are beer cans strewn about the compartment and the area around the car, this would likely be sufficient evidence for the officer to begin an OWI investigation.
Another exception to the warrant requirement is called the community caretaking exception (as discussed in State v. Crawford, 659 N.W.2d 537, 543 (Iowa 2003)). For the community caretaking exception to apply, a three-step analysis must be preformed. First, there must be a seizure within the meaning of the Fourth Amendment. Second, there must be evidence of a police officer engaging in a bona fide community caretaking activity. Third, the public need and interest must outweigh the intrusion upon the privacy of the citizen.
The most relevant community caretaking activities are when officers intend to act as public servants or intend offer emergency aid. Crawford, 659 N.W.2d at 543. An example of the public servant function would be when an officer stops to assist a stranded motorist with a flat tire. For the emergency aid function to apply, the officer must have an immediate, reasonable belief that a serious, dangerous event is occurring. In Crawford, the Court cites the example of “an officer providing first aid to a person slumped over the steering wheel with a bleeding gash on his head.
Where does that put us? Provided that no incriminating evidence was visible, and it was clear to the officer that the operator was merely sleeping, the case law seems to state that the officer cannot bother the person behind the wheel.
But this is a case where practice can differ slightly from the case law.
In a recent Iowa City OWI case, a person was discovered sleeping in his car with the engine running. An officer parked his car behind the person’s car, then approached the driver’s window. The officer knocked and shouted for about 15-20 seconds (according to his testimony). At this point, he opened the door to the vehicle. The officer admitted there was no evidence of criminal activity, and the driver did not appear to be in distress. As he was knocking, however, he began to wonder if the driver was okay. Furthermore, the car was parked in a hospital parking ramp.
The Judge determined that the community caretaking exception applied. Much weight was placed on the fact that this took place in a hospital ramp. Certainly the facts do not reach the example provided in the case law, requiring “an immediate, reasonable belief that a serious, dangerous event is occurring.” But nonetheless, this case was decided in favor of the State, sending a message that sleeping in your car with the engine running, while intoxicated, is always a bad idea.