A Drinking and Driving Complaint May Give Rise to a Warrantless Search of Your Home

By: Wallin & Klarich

An Experienced Criminal Defense Attorney Will Protect Your Right from a Warrantless Search of Your Home

Any person can call law enforcement and complain to tell them that a person is drinking and driving. If a complaint names the suspected drunk driver, law enforcement may be able to go the house of the named suspect and lawfully search the home without a warrant.

Some courts have held that these searches are lawful while other courts have held that these searches violate a person’s rights and are therefore illegal. Either way however, courts agree that an important factor to consider in determining whether the search was legal or not was whether “exigency” exists. Exigency exists when law enforcement fear that evidence may be destroyed, thus law enforcement can search without a warrant to prevent the evidence from being destroyed.

In the context of a DUI investigation, the police and prosecutors will argue that an entry into a home, even without a warrant, was necessary to preserve evidence of blood alcohol content. For example, law enforcement would argue that a warrantless entry was necessary to preserve the bottle of alcohol the suspect possibly drank from. However, this argument alone is rarely sufficient to justify a warrantless entry into a home.

Wallin & Klarich knows how to defend against violations of your constitutional rights. If you or a loved one is facing allegations of driving under the influence, please contact the California DUI specialists at Wallin & Klarich. Wallin & Klarich has over 30 years of experience handling DUI defense. Let the skilled California DUI lawyers at Wallin & Klarich advise you and ensure your rights and freedom are protected under the law. Contact Wallin & Klarich for a consultation at 1-888-280-6839. Also, visit us online at www.wklaw.com to learn more about your case and what can be done.

This is the fourth blog in a four part series on the nuances of search and seizure law. Check the previous blogs to read the other three parts.

Posted In: Criminal Defense