State v. Cheek

PER CURIAM:1

The central issue presented in this case is whether Phillip Cheek’s warrantless arrest in *23his home was valid. Mr. Cheek was arrested for the misdemeanor offense of driving under the influence of alcohol, second offense; however, the alleged offense was committed outside the presence of the arresting officer. The State maintains that they had probable cause and that exigent circumstances, namely, the destruction of evidence through metabolism, required an immediate arrest, but, Mr. Cheek argues that the arresting officer lacked probable cause and that there were not exigent…