In People v. Burton, the Appellate Division of the Ventura County Superior Court, held that a defendant’s misdemeanor arrest for DUI which was not committed in the officer’s presence did not violate the Fourth Amendment.
In the case, a witness observed Mr. Burton driving, and Mr. Burton admitted to driving, but the officer never saw him drive. This issue arises in many DUI cases. Mr. Burton challenged the stop in a motion to suppress.
The court held that Vehicle Code section 40300.5 does allow officers to make warrantless arrests in suspected drunk drivers. Thus, his motion to suppress was denied, which was upheld by the Appellate Division. The court explained that the officer had probable cause to arrest Mr. Burton.
The case is: People v Burton, (2013) __ Cal.App.4th Supp. __