California Court of Appeal

PEOPLE v. SCHOFIELD, B149435

A peace officer with probable cause may arrest a person for misdemeanor driving under the influence not committed in the officer's presence where evidence may be destroyed unless the person is immediately arrested, but a peace officer may not forcibly enter a residence to effect such an arrest.

Appellate Information

• Decided 07/19/2001
• Published 07/19/2001

Judges

• YEGAN, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  Robert B. Lilley, Atascadero, for Appellant.


• For Appellees:
  
• Gerald T. Shea, District Attorney, County of San Luis Obispo and Curtis A. Rankin, Deputy District Attorney, for Respondent.