Dismissal for 4th Amendment Violation
Concerned citizen calls in that he sees client appearing to be intoxicated getting into car and leaving restaurant. Caller provides vehicle description and license plate number. Cops run the plate and it leads them to clients house. When they arrive they see vehicle matching description with the same plate drive down the street and stop in front of client's resident. They observe the garage door open and client drive into the garage. As the garage begins to close the officer places his hand under the garage door cause the door to open and the officer then enters the garage, detains and ultimately arrests client for a second offense dui. The record reveals that client is still on probation from his previous dui and his blood alcohol concentration is measured at .21 by breath.
Case dismissed for violation of 4th Amendment Constitutional Right to be free from unreasonable search and seizure. The police cannot go into your house without a warrant, with some exceptions (however none in this case).