California, United States of America
The following excerpt is from People v. Hampton, 164 Cal.App.3d 27, 209 Cal.Rptr. 905 (Cal. App. 1985):
In this case, as in People v. Keltie, supra, 148 Cal.App.3d 773, 196 Cal.Rptr. 243, the officer had probable cause to believe that respondent was under the influence of alcohol, that she had committed an offense of which being under the influence is an element, and that she was presently at home. In addition, the time interval between the offense and the entry was so brief that alcohol evidence would undoubtedly still have remained in her blood. (Id., at p. 780, 196 Cal.Rptr. 243.) In light of Welsh and the differences between California and Wisconsin law, we consider the fact that the offense was a misdemeanor rather than a felony as of no significance, and conclude that the warrantless entry was justified to prevent the dissipation or destruction of evidence.
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