The phone call to 911 reporting a possible drunk driver is so common now. After receiving such a report from dispatch, the City police officer ran the plate and went to my client’s residence to investigate. My client’s mother answered the door and, typically, the officer came in the front door and demanded my client come outside. The officer disputed the fact that he commanded my client, but the evidence was forthcoming that this was not consensual.
These types of
confrontations are not uncommon, and we have prevailed often on this
type of police encounter. “You have the right to be free from
unreasonable search and seizure.” This is a violation of the 4th
Amendment and is subject to suppression. This means that the police
cannot use any evidence seized from that point forward, meaning in this
case, all evidence was suppressed and the Court dismissed the case.
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.
Randy Snow, Attorney at Law
Salem DUI Attorney, DUI and Criminal Defense