Grundy v. Gourley

In Grundy v. Gourley (2003) 110 Cal.App.4th 20, in concluding that a police officer had probable cause to arrest a driver for driving under the influence, the court stated: "The weight of the evidence in the administrative record established that Officer Johnson had probable cause to arrest Grundy for driving under the influence. Officer Johnson's sworn report states that a witness watched Grundy try to drive her heavily damaged car after she was involved in an accident in the early morning hours. When Officer Johnson arrived at the scene, Grundy had bloodshot and watery eyes and smelled of alcohol. These facts, known to Officer Johnson at the time of the arrest, '"would lead a person of ordinary care and prudence to entertain an honest and strong suspicion that"' Grundy had been driving under the influence. The facts contained in the sworn report, therefore, establish probable cause for her arrest, even before one considers Diaz's testimony at the hearing or the unsworn reports. "