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The Magic DUI Bullet

According to this AP story, California has decided that “Police may enter Californians’ homes without warrants to arrest those suspected of driving under the influence”.

OK then, the police suspect (or claim to suspect) that a person may have been driving under the influence. So they bust in the door if it isn’t opened for them. Arrest the suspect. All without having to demonstrate probable cause.

Now the real fun starts.

Search the entire house for weapons to ’secure the area’. Look around for other interesting evidence. The infamous ‘arms length’ search for anything else they can find. What the heck, bring in the drug dog from the back seat as well.

When you’re done, drop the DUI for lack of evidence, but charge the poor dupe, or anyone else in the house, with everything else from drugs to child abuse, based on the warrantless search.

That’s civilized justice, Kalifornia style.

Update: The Cranky Insomniac let me know that TheAgitator was ahead of me, and even remembered the very similar Michigan recent case.

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4 Comments »

  1. gottsegnet said,

    June 2, 2006 @ 11:51 pm

    Interesting. In most states, social workers will, based on an anonymous phone call, demand to enter your home and question your children in private. They will examine the children and inspect the home. Most of these result in removal from the home on charges other than those they came in on. No warrant…not even a court hearing before losing your children due to an anonymous phone call.

    This isn’t the best source, but the best I could find in a short period of time:

    http://www.hslda.org/docs/news/hslda/200110192.asp

    Note the list of suggestions that are not currently a part of our protections from state investigation. It seem this should all go without saying…

  2. Quotulatiousness said,

    June 3, 2006 @ 5:14 am

    Distorting the concept of “hot pursuit”…

    Dave has a post up at TuCents about the recent California Supreme Court decision which allows warrantless entry for police seeking individuals suspected of driving under the influence: OK then, the police suspect (or claim to suspect) that a person……

  3. Dave said,

    June 3, 2006 @ 9:30 am

    Not intending to get too far from the suspicionless, warrantless home searches this decision enables, the family law situation you cite has always driven me crazy. It embodies all the worst aspects of any legal system, wraps it up in the ego of petty, low-level burrocrats, and throws the ugly mess squarely at the sanctity of the family.

    But that’s another line of posts.

  4. Searchlight Crusade said,

    June 3, 2006 @ 11:09 pm

    Links and Minifeatures 06 03 Saturday (late)…

    Woohoo! After several months of ups and downs but staying about where it was, traffic really took off set a new site record for visitors in May. 63,982 visits completely destroys the old record of about 48,500! 170,712 page views. I also had my sin…

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