Criminal law — Driving under influence — Search and seizure — Vehicle stop — Tip — Deputy responding to tip regarding erratic driver had reasonable suspicion for traffic stop where deputy received contemporaneous updates on driving pattern from identified tipster following defendant’s vehicle, deputy corroborated location of vehicle and description of vehicle and driver, and deputy observed erratic driving that caused him to take evasive action — Seizure — Curtilage — Residence driveway — Defendant had standing to raise expectation of privacy in driveway of vacation rental at which she was guest — Where driveway was unenclosed and visible from public street, deputy’s entry into driveway was permissible pursuant to “implicit license” allowing public access to such open areas — Where deputy’s interaction with defendant was restricted to driveway, and there is no evidence that defendant attempted to retreat to any enclosed area or to communicate to deputy that implicit license to be in driveway was revoked, deputy’s entry into driveway was legal — Motion to suppress is denied
Legal Topics
Criminal law — Driving under influence — Search and seizure — Vehicle stop
Aug 14th, 2022 in by admin