Law Office of John W. Noonan
925-400-6635 Call For A Free Initial Consultation Se Habla Español Available 24/7

Notable DUI case tests warrantless search on home property

We note at the outset of today’s blog post that the following story occurs in a state outside California.

Having said that, though, we additionally stress that the legal question it poses and its accompanying material facts command wide relevance all across the country. We believe our readers might reasonably be interested in the details, given that a similar tale could easily unfold at any time throughout the San Francisco Bay Area and across Alameda County.

The story unfolded with some drama and in a hurry last year on a May evening in a small town in Colorado, when a police officer followed a motorist to her home. Owing to an alleged belief that the woman had been driving while inebriated, the cop questioned her. And when she sought to end the encounter by entering her house, he stepped into her garage and physically detained her. Ultimately, she was charged with drunk driving.

That exchange has subsequently yielded headaches for that officer, his police department and town officials, owing to a federal lawsuit the woman recently filed alleging a violation of her civil rights (and after prosecutors dismissed the charges against her).

Specifically, the plaintiff contends that, because she was on private property when the exchange occurred, the officer was subject to certain constraints in his interactions with her. Namely, he needed a search warrant to detain her and – as he ultimately did – subject her to field sobriety testing and a blood draw. Her complaint charges that his failure to obtain a magistrate’s permission to enter her home violated her constitutional right to be free of unreasonable search and seizure under the Fourth Amendment.

The case is ongoing.

No Comments

Leave a comment
Comment Information

Recent Case Results

  • Drunk Driving Offenses

    John was able to get client a reduction of charge of a DUI because of being a nurse it could mean her license.

    He secured a Drunk in Public , and she would attend a 3 month program. Additionally, the dmv hearing was also set aside.

    Both being a win for the client.

    Read More
  • Domestic Violence

    A client was arrested for a Felony Domestic Violence, could have devastated her potential for future employment. John was able to get the case dismissed. Client was thrilled.

    Read More
  • Juvenile Charges

    A juvenile was arrested for 2nd Degree Robbery. After 6 months the case was dismissed.

    A juvenile was arrested for Sexual Battery. After 6 months and 80 hours of Community service, the case was dismissed.

    Read More
  • Drunk Driving Offenses

    A client with a 1st DUI arrest. Fearing she would go to jail; lose her license for a year and lose her job. Got a wet reckless and minimal fines.

    Read More
  • Drug Charges

    A client with 4 Felony charges on a Transportation Charge, a Attempt to Sell, Possession of Marijuana, (50 pounds), Conspiracy Charge all where reduced to 1 Misdemeanor. No Jail.

    Client was charged with 6 Felony drug possessions. Facing jail time. The results: Client got a deferred entry of judgment and then dismissed.

    Client charged with several felony counts of possession of Marijuana with intent to sell. Client was involved in a medical marijuana grow. Case was reduced and later dismissed.

    Read More
  • Sex Crimes

    A client with alleged 2 Felony Sex charges and he faced jail and sex registration. The case was entirely dismissed.

    Client charged with prostitution; facing jail time and sex offender registration. Result: NO JAIL TIME AND NO SEX OFFENDER REGISTRATION Deferred Entry of Judgment.

    Read More
  • Domestic Violence

    Client charged with domestic violence, with great bodily injury. Case reduced to a misdemeanor with time served.

    Read More
Email Us For A Response

Learn How We Can Help

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Areas We Serve

Dublin Office
6379 Clark Avenue
Suite 250
Dublin, CA 94568

Toll Free: 800-785-9556
Toll Free: 800-743-3896
Phone: 925-400-6635
Fax: 925-463-3661
Dublin Law Office Map

Manteca Office
210 East Center Street
Suite 10
Manteca, CA 95336

Toll Free: 800-785-9556
Toll Free: 800-743-3896
Phone: 209-498-3521
Fax: 925-463-3661
Manteca Law Office Map

Back To Top