Saturday, January 27, 2018

DUII Case Dismissed - Unlawful Entry


The investigating officer arrived at the Defendant’s house to investigate a possible DUII involving an accident.  The officer believed the driver of the vehicle was inside the house, but did not have a warrant to search the house, nor did he have probable cause to enter. 

At the motion to suppress hearing, the officer testified that the Defendant’s mother voluntarily consented to allow the officer inside the house and enter the Defendant’s closed bedroom.  The Defendant’s mother, who answered the door, also testified at the motion hearing and testified that the officer ordered his way into the house, and no voluntary consent to enter was ever given. 

The Judge ruled in the Defendant’s favor, finding that the investigating officer did not have lawful authority to enter the home and the Defendant’s bedroom.  “The home is provided special protection under the law,” said defense attorney Randall Snow.  To lawfully enter a private home, the police need either a search warrant or the entrance needs to be authorized under an exception to the warrant requirement which the State could not prove.  Snow continued, “motions to suppress evidence are how we challenge the lawfulness of police action, and here the Judge correctly found that the police had exceeded the bounds of the law.  The case was properly dismissed.”

 Information about the " Actual Cases" is provided here only for educational purposes related to real life situations in DUI defense. This information should not be interpreted as having the same results for your case, legal advice, nor substituted for the specific legal advice of an experienced attorney.

Randall W. Snow
Harris, Wyatt & Amala, LLC
5778 Commercial St SE
Salem, OR 97306
Phone: (503) 378-7744
Fax:        (503) 378-1013