August 3, 2011: Under the Constitution, the home enjoys the greatest protection against warrantless government intrusion. In this case CHP officers investigating an unwitnessed solo rollover accident invaded the client’s home without a warrant seeking to arrest him. In denying consent to enter, another occupant had asked if they had a search warrant: “We don’t need a warrant” was the arrogant reply. Kirk McAllister took the CHP back to school on the Fourth Amendment during a two-day long motion to supress evidence, including breathalizer results. The judge ruled that all evidence had to be supressed as the result of an illegal entry in violation of the Fourth Amendment. (Case No. 1413577)
