Police may enter Californians' homes without warrants to arrest suspects of DUI (1 Viewer)

[massive_attack]

LINK

The case concerned the 2003 Santa Barbara arrest of Daniel Thompson, whom a neighbor suspected was driving drunk and notified authorities. They found a parked car matching the description the neighbor provided and went to the front door of the adjoining residence during a summer evening.

The door was open and a woman said the car's driver was asleep. Moments later, Thompson walked by the officers and they entered the house and arrested him. The neighbor confirmed it was the person she suspected of driving intoxicated and throwing an empty vodka bottle out the car door.

Thompson's blood-alcohol level was 0.21, almost three times the legal limit for driving. He was convicted and handed a three-year suspended sentence. He appealed.

...
The case is People v. Thompson, S130174.

cough cough

hey I got an idea : go arrest someone who is actually driving drunk ! I know, I know it's crazy.

But how do we know this person actually did it ?
How am I suppose to be sure the neighbor doesn't have an axe to gring ?
How am I to know someone else didn't drive them home ?

In hypothetical land the person could have gotten blitzed in the front yard and just tossed the bottle from there. Or they could have gotten blitzed in their house, the neighbor knows this, empties their own bottle of vodka and tosses it in their yard then calls the cops. The point is w/o the cop as the observer we have no idea. Sure, they're drunk, but did they drive ? Ok so the car engine is warm but was it them driving ? Ok they have finger prints on the steering wheel but how do we know that it was from them driving drunk ?

Big problems : Little china.

Another point : What's next ? Where does it stop ? Speeding ? Littering ? Noise polution ? Expired registration ? Broke windshield ? Wreckless endangerment ?

It may be old fashion, but I think in cases like this if you're going to convict someone of something you have to actually catch them doing it.

 

[ludahai]

I am with you on this one. If the facts are as the article presents them, this is very concerning. Was there any evidence that he was driving? If there was, THEN I can see the need to prevent the destruction of the evidence argument presented, but if there is only the say so of the neighbor, we are definately falling down the slippery slope of Cultural Revolution China.