California DUI Arrest Warrant – Warrantless Entry?
Reader’s Question:
A friend of mine was suspected to be driving under the influence of alcohol here in California. He already arrived home when the police arrested him. They said that they were responding to a call from a “concerned citizen” reporting that my friend had been driving while intoxicated. Does the state of California allow warrantless entry into homes of DUI suspects? I’m just curious because it doesn’t seem fair.
Lindsay
Los Angeles, CA
DUI law has long been prevalent with exceptions to the Constitutional limitations applied to most criminal investigations. I totally agree with you that this doesn’t seem fair. But our opinion will no longer matter because in California, the Supreme Court allows warrantless entry into homes of DUI suspects. Ruling 6-1 back in June 1, 2006, the California Supreme Court took exceptions to our Constitutional protections to a new level, allowing law enforcement officers to enter a DUI suspect’s home without a warrant to make an arrest.
The Supreme Court agreed with the prosecution’s claim that the possibility that the defendant could consume more alcohol (or have consumed more alcohol) during the delay and that the body’s ability to metabolize alcohol created “exigent circumstances”. They said that the body’s ability to metabolize alcohol would always result in “destruction of evidence”.
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