Attorney Segura obtained testimony of arresting officer at ALR hearing which he then used to obtain a dismissal. Officer testified that Client was detained because he had been observed parked outside a former girlfriend’s house and it was reported that he had been “known to drink alcohol and was possibly intoxicated” The officer agreed that Client’s driving was normal and legal. Officer testified he smelled odor of alcohol but that Client’s mental and physical faculties appeared normal. Client was detained for sobriety testing due to odor of alcohol alone. Client refused all tests and was arrested Segura used ALR transcript to convince prosecutors that police had no constitutional basis to detain Client and that search warrant was obtained without probable cause due to inadequate affidavit. Prosecutor agreed and case was dismissed a few days before trial.
State v. K. D. S.