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US Supreme Court On Side of Privacy – Cops Must Get a Warrant Before Searching Cell Phone After Arrest

On June 25, 2014, in the case of Riley v. California, the United States Supreme Court held that before searching a cell phone seized incident to an arrest, police must first get a warrant.  Acknowledging its decision will have an impact on the ability of law enforcement to combat crime, the Supreme Court nevertheless sided with we the people by noting, “privacy comes at a cost” [to government].  Commenting on the high court’s opinion, criminal defense lawyer Daniel Ledford, said, “It is a great moment for the people of our country when a unanimous Supreme Court votes 9-0 against government intrusion into our lives.  The Court recognized that modern era cell phones, smart phones in particular, can contain so much personal information about us that cops (the government) can’t just go fishing and snooping into our phones just because they’ve arrested us.”  To read the entire opinion, go here.

Chico DUI Checkpoint Yields 4 Arrests in Butte County Memorial Day Weekend Avoid the 8 Campaign

Chico, CA.  Four arrests were made on Saturday night in connection with an Avoid the 8 DUI checkpoint conducted on Saturday night in the area of Park Avenue near 17th Street in Chico, Butte County, California, according to Chico Enterprise Records Staff Reports.

DUI Saturation Patrols and Checkpoint Planned for Chico, Oroville, Paradise and Butte County for Memorial Day Weekend

Chico, CA.  May 23, 2014.  Officers with law enforcement agencies throughout Butte County (Chico, Oroville, Paradise and surrounding communities) will be patrolling in large numbers Memorial Day weekend to keep impaired drivers off the road, according to Oroville Mercury Register staff reports dated May 21, 2014.

The Avoid the 8 anti-driving under the influence task force will conduct a drunken driving and driver’s license checkpoint on Saturday in Chico, according to a press release from Avoid the 8.

Also, the California Highway Patrol is deploying all available officers for Memorial Day weekend onto freeways and county roads as part of its maximum enforcement period, which begins Friday, May 23 at 6:01 p.m. and will continue until Monday, May 26 at 11:59 p.m., according to the Oroville Mercury Register story.

Oroville Butte County DUI Checkpoint from 4 PM to Midnight

May 5, 2014.  Chico Enterprise Record reports that a sobriety and driver license checkpoint is planned tonight (4 pm to midnight) at an undisclosed location some where in southern Butte County, according to an Oroville office of the California Highway Patrol press release.  In a separate article, the Chico Enterprise Record reports, “Would-be drivers who’ve celebrated Cinco de Mayo with alcohol can get a free tow home instead by participating in AAA Northern California’s tipsy tow program.  The service provides a one-way ride for the driver and vehicle of up to 10 miles to the driver’s home. If there are additional passengers, they will be taken to the driver’s home if there’s room in the tow truck.  The service starts at 6 p.m. today and runs to 6 a.m. Tuesday. Call 1-800-222-4357 (AAA-HELP) and tell the AAA operator, “I need a Tipsy Tow.”  You do not need to be a AAA member to take advantage of this service. You cannot make a reservation.

According to the California Highway Traffic Safety Administration, there were 802 drunken-driving fatalities in 2012, 28 percent of all traffic deaths that year. Nationally, over 1.2 million drivers were arrested in 2012 for driving under the influence of alcohol or narcotics.  AAA estimates that a first-time DUI conviction in California can cost up to $12,000 in fines, penalties, restitution, legal fees, and added insurance expenses.

Butte County DUI Crackdown Planned for Super Bowl Sunday

CHICO, CA.  Citing Butte County Avoid the 8 DUI Task Force authorities, Chico Enterprise Record staff reports that drunk drivers will be targeted on Super Bowl Sunday.  “Every time they [law enforcement agencies] do these saturation patrols, it seems like some innocent people get arrested,” commented DUI Lawyer Daniel Ledford.  He recommends retaining legal counsel within a day or two after a DUI arrest to assure one’s rights are defended.  “Obviously, the police arrest people who are guilty — which is good; but some times they just get it wrong, which is why hiring a skilled local attorney is essential,” Ledford concluded.

Butte County DUI – At Least 80 Arrests During Holidays

CHICO, CA.  The eight law enforcement agencies participating in the Avoid the Eight DUI enforcement crackdown in Butte County during the holiday season have arrested at least 80 people for driving under the influence of alcohol or drugs, or both, according to Chico Enterprise Record staff reports.  Butte County DUI Attorney, Daniel Ledford, commented, “We always have a spike in DUI arrests over the holidays and some of the people arrested will not be guilty — that’s all there is to it.”  Ledford recommends people arrested should get serious and hire a DUI Lawyer to protect their rights.  He also reminds people that in the event of an arrest for alcohol DUI, they will likely have only 10 days from the date of their arrest to demand a hearing from the Department of Motor Vehicles (DMV) to challenge an administrative suspension by the DMV of their privilege to drive a motor vehicle.  “There’s a lot at stake and we’re here to help people,” Ledford concluded.

For additional information and appointment, please call (530) 354-4066 CHICO or (530) 534-6100 OROVILLE

Public Intoxication and DUI Arrests in Chico, Butte County Un Happy Halloween

CHICO – 37 people were arrested as Halloween weekend in Chico got underway, according to Chico Enterprise Record staff reports.  Butte County DUI & Criminal Defense Lawyer, Daniel Ledford, commented, “It is not surprising that the vast majority of the arrests were for public intoxication under California Penal Code section 647(f).”  Besides the social stigma and facing jail time, a one year driver’s license suspension awaits those who were under 21 years of age (assuming they are eventually convicted).  Ledford urges those arrested for public intoxication to get an attorney as soon as possible “because some of these cases will present proof problems for the district attorney — just because you were arrested does not mean you are guilty beyond a reasonable doubt.”

Butte County DUI Checkpoints – Fourth of July Weekend Arrests

Chico, CA – Initial reports show at least 13 people were arrested for driving under the influence of drugs or alcohol, or both, between Wednesday and Friday in Butte County (according to Chico Enterprise Record staff reports).  From July 3 through July 7, eight law enforcement agencies in Butte County set up DUI checkpoints and the California Highway Patrol had all available officers patrolling roads and highways for drunk drivers.  Extra DUI patrols were scheduled for Saturday night in Chico and Paradise.  After the weekend, police should have finalized reports on the total number of arrests made in the county.

Supreme Court Rules Warrant Required to Draw Blood in DUI Case – What Does it Mean for Butte County California DUI Cases?

Yesterday, the United States Supreme Court issued its opinion in the case Missouri v. McNeely (U.S. Supreme Court No. 11-1425), holding that the natural metabolization of alcohol in the bloodstream does not present a per se exigency (meaning emergency) that justifies an exception to the Fourth Amendment’s warrant require­ment for nonconsensual blood testing in all drunk-driving (DUI) cases, and that, con­sistent with general Fourth Amendment principles, that exigency in this context must be determined case by case based on the totality of the circumstances.

Butte County DUI and criminal defense lawyer Daniel Ledford commented, “This is a really big deal.”  In the past, when you had a forced blood draw case, it was practically a foregone conclusion that the evidence would be admissible against the defendant in court.  That is no longer the case.  “We will undoubtedly be successful in suppressing evidence in more cases on grounds that government has violated individuals’ Fourth Amendment rights,” Ledford concluded.

To view the Supreme Court opinion, click here.

DUI Checkpoints and Alcohol Enforcement Planned for Cesar Chavez Weekend in Chico.

Chico, CA.  Avoid the Eight DUI checkpoints are planned, and Chico Police will be in force in the downtown and south of campus areas through Sunday on the look out for violations primarily related to alcohol use, according to an article by Chico Enterprise Record reporter Almendra Carpizo.

According to the article, last year officers made twenty-five arrests for being drunk in public, six arrests for driving under the influence, two citations for being minors in possession of alcohol and two for fighting in public (noting that half of those arrested or cited were identified as students).

Daniel Ledford, Butte County DUI and criminal defense attorney comments, “hopefully the weekend will be relatively quiet and peaceful — as it was a couple of weekends ago for the St. Patrick’s weekend.”