The latest victory in the War on Drunk Driving…and on our Constitution:
Justices: Police Can Arrest DUI Suspects
in Homes With No Warrant
San Francisco, CA. June 1 – Police may enter Californians’ homes without warrants to arrest those suspected of driving under the influence, the California Supreme Court ruled Thursday in a case testing the scope of the Fourth Amendment right to be free from unreasonable searches and seizures.
The 6-1 decision follows similar rulings in about a dozen other states.
A dissenting justice said the majority handed authorities a "free pass" to unlawfully enter private homes and arrest people without warrants.
Under the Fourth Amendment, authorities are prohibited from entering a home and making an arrest without a warrant unless so-called "exigent" circumstances are present. Those include "hot pursuit" of a fleeing felon, imminent destruction of evidence and the risk of danger to the police or other persons inside or outside of a house, among others…
A state court of appeal tossed the conviction, saying Thompson’s constitutional rights were violated. The Supreme Court reversed, saying the lower court misapplied search-and-seizure precedent.
Santa Barbara County prosecutor Gerald McC. Franklin said the decision means there is no "absolute bar into entering a house without a warrant for the purpose of arresting somebody for driving under the influence of alcohol."
‘Still think I’ve been exaggerating about "The DUI Exception to the Constitution"?