Hampton

Respondent Sherry Stephanie Hampton was charged with possession of cocaine, driving under the influence of alcohol, driving with 0.10 percent blood alcohol, and resisting a public officer in performing his duties. After her motion to suppress evidence was granted, the trial court dismissed the information pursuant to Penal Code section 1385, and the People have appealed. We reverse.

I

Respondent was stopped in her car on March 27, 1982, at about 4:30 a.m. by Officer John Eubanks. She appeared to be intoxicated. Since she was only about two blocks from home, Eubanks offered her the opportunity to be driven home. Although she insisted that she wanted to continue her search for her boyfriend, and expressed concern that her car might be stolen if she left it in the parking lot, she eventually accepted the officer’s offer.

Eubanks locked respondent’s car and kept what respondent said were her only keys, which he promised to return to her in the morning. He drove her to her apartment and walked her to her door. She went inside; he returned to his patrol car and drove to a nearby service station. A few minutes later, he resumed his patrol, and saw respondent’s car leaving the…

I respectfully dissent.

If the purpose of the Fourth Amendment’s prohibition of “unreasonable” searches and seizures is to safeguard the privacy and security of individuals against arbitrary invasions by government officials, respondent Hampton’s nonconsensual warrantless, forcible, nighttime arrest was assuredly unconstitutional. Upon review of the entire evidence adduced at the section 1538.5 1 suppression hearing, it is readily apparent that this court is presented with a seizure reasonable at its inception that became an unreasonable exercise of police discretion within the meaning of both the Fourth Amendment of the United States Constitution and article I, section 13 of the California Constitution. (Payton v. New York (1980) 445 U.S. 573, 586 [ 63 L.Ed.2d 639, 651 , 100 S.Ct. 1371 ]; People v. Ramey (1976) 16 Cal.3d 267 , 275-276 [ 127 Cal.Rptr. 629 , 545 P.2d 1333 ].) Moreover, I am satisfied that this record clearly demonstrates that any asserted exigency or urgent necessity allegedly justifying Officer Eubanks’ ultimate decision to bypass the magistrate’s warrant foreseeably resulted from his arbitrary decision confining respondent to her own quarters.

For as long as…

Respondent Sherry Stephanie Hampton was charged with possession of cocaine, driving under the influence of alcohol, driving with 0.10 percent blood alcohol, and resisting a public officer in performing his duties. After her motion to suppress evidence was granted, the trial court dismissed the information pursuant to Penal Code section 1385, and the People have appealed. We reverse.

Respondent was stopped in her car on March 27, 1982, at about 4:30 a.m. by Officer John Eubanks. She appeared to be intoxicated. Since she was only about two blocks from home, Eubanks offered her the opportunity to be driven home. Although she insisted that she wanted to continue her search for her boyfriend, and expressed concern that her car might be stolen if she left it in the parking lot, she eventually accepted the officer's offer.

Eubanks locked respondent's car and kept what respondent said were her only keys, which he promised to return to her in the morning. He drove her to her apartment and walked her to her door. She went inside; he returned to his patrol car and drove to a nearby service station. A few minutes later, he resumed his patrol, and saw respondent's car…