The Magic DUI Bullet

Posted on December 9, 2009, under news.

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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