WOODLAND, CA – A judge here last in Yolo County Superior Court Friday denied a defense motion claiming an accused’s 4th Amendment rights were violated in an alleged illegal search and arrest.
Deputy Public Defender Roberto Villa lost his argument during a suppression hearing in front of
Judge Tom Dyer.
The accused is charged with driving under the influence with an enhancement for excessive blood alcohol concentration, and other charges relating to traffic code violations.
Deputy District Attorney Candace Guthmiller called an arresting officer from the city of Winters to testify, who said at the scene of the crime a witness testified as to the violation of law.
After surveying the scene, the officer recalls that he was flagged down by another witness, who was reported to be the brother of the accused.
The accused’s brother told the officer that upon returning home from work, he witnessed his sister driving erratically in his white pickup truck, expressing concern that she had crashed.
After this, the officer said they asked the brother to search the home for the missing sister. The brother, the officer added, then gave consent to the officers to search the home for his sister, and they found an individual, matching the description of the accused, slumped over on a couch located on the patio outside.
After finding the accused unconscious, the officer testified they detained her.
Following the officer’s testimony, DPD Villa begins cross-examination questioning, in which he noted the officer did not witness the accused driving under the influence, and the reporting party and others on science never witnessed the accused drinking.
Villa then said the officer based his search and arrest off “suspicion,” noting neither the accused’s brother nor the officer had seen the accused enter the home, but testimony subsequently concluded beer cans were found in the bed of the truck.
DPD Villa then noted that the officers did not acquire a warrant of any sort prior to the search of both the accused’s residence, and later on her purse where more beer cans were found.
The defense maintained the searches were conducted in violation of the 4th Amendment.
Judge Dyer ruled the 4th Amendment was not violated for the searches conducted, denied the motion to suppress, and set the pretrial hearing conference for March 7.
