San Francisco DUI Lawyer - Entry of Dwelling Without a Warrant

 Posted on June 16, 2010 in DUI

Have you been charged with a DUI San Francisco, DUI Marin, DUI Sonoma or DUI Napa? My name is Paul Burglin and I am a San Francisco Bay area drunk driving attorney who for over 25 years has specialized in drunk driving defense in San Francisco, Marin, Sonoma, Napa and surrounding communities. I am also the co-author of "California Drunk Driving Law".

In this series of blog postings I am going to discuss search and seizure issues related to drunk driving cases. However, the totality of search and seizure law is perhaps as voluminous and complicated as drunk driving (DUI) law.

Today's Post: DETENTION AND ARREST | Seizure of a Person | Entry of Dwelling Without a Warrant

The warrantless entry into a home to arrest someone is an unreasonable seizure in violation of the Fourth Amendment to the United States Constitution absent probable cause and an exigent circumstance. Payton v. New York (1980) 445 U.S. 573, 589-590. Thus, absent some exception to the warrant requirement, if there is time for the constable to obtain a warrant then it must be obtained. Furthermore, curtilage around a dwelling is given the same protection. People v. Strider (2009) 177 Cal.App.4th 1393 affirmed that locations where the general public is not permitted to walk without challenge, such as a fenced-in yard, are protected. The following discussion concerns various exceptions to the warrant requirement.