Legal Question in Constitutional Law in Colorado
Warrantless search/seizure in a home
I had an accident, left the scene and walked home. Officers searched my car and found two empty beer cans in my car. There were also about a dozen diet pepsi cans there. I talked to the dispatcher and admitted having an accident. I told her there were no injuries and that I had not been drinking. The officers proceeded to my home. When they arrived I was in another room. My daughter (minor) answered the door. While she went to get me, the officers entered the house. They did not ask for or receive consent to enter. When I entered the room they immediately told me to stop drinking my drink and ''Do not leave this room''.
Questions: Is the presence of two empty cans sufficient probable cause to justify a warrantless entry into my home? Does the concern that I might drink before they arrived rise to the level of ''exigent circumstances''? When they told me to stay in the room, did that constitute unlawful arrest/seizure?
1 Answer from Attorneys
Re: Warrantless search/seizure in a home
No, they cannot enter your home without consent or a warrant.
No matter what, I think you have a very good DUI case and DMV case. If you have not requested a DMV hearing, then do it asap - you have 7 days from notice of revocation.
I would be happy to represent you on this case.
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