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

By Walin & 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...continue to full post

Full post as published by Southern California Criminal Defense Blog on September 08, 2009 (boomark / email).