Does the fact that police officers find drugs in a car on a DUI suspect automatically mean that a search of the suspect’s home is warranted?  This was the question that the appeals court in California vs. Pressey decided in 2002.  In that case the police stopped Pressey for driving under the influence (Vehicle Code 23152) and found marijuana and methamphetamine in his car.  The arresting officers then used this information to obtain a search warrant for his home.  There, they found substantial quantities of both methamphetamine and marijuana. Following an exhaustive search of relevent case law, the appellate court concluded that probable cause to search the residence of someone suspected of using illegal drugs requires more than an opinion or inference, available in every case, that drugs are likely to be present.  In other words, illegal drug use does not necessarily provide probable cause to search the user’s residence. Unfortunately, despite this ruling, the court refused to throw out the warrant.  Instead, it concluded that, since a reasonable officer  have believed that the affidavit presented a close or debatable question on the issue of probable cause, the “good faith” exception applied. As a side note, the rule is different for drug dealers.  Proof that a person is selling drugs will normally justify the inference that additional drugs are likely to be found where he or she lives.

Torrance Defense Attorney Matthew Ruff has over 30 years experience fighting drug possession charges and other criminal cases.