Prosecutors argue that police did what anyone had a right to do: knock on Kelleher’s door.
It was Kelleher who voluntarily spoke to officers, even trying to invite them into her home, prosecutors said.
Further, the prosecutors argued in their response to the motions, police have an obligation to follow up on reports of criminal activity, especially when it is a matter of public safety, like drunken driving.
The patrolman was also familiar with Kelleher from prior calls, and police knew she had a history of drinking and driving.
Kelleher has prior convictions, from 1991 in Swampscott and from 1998 in Salem. But because they were so long ago, her license had been reinstated at the time of her arrest last year.
After that arrest, she was released on $5,000 cash bail.
She will remain free while the appeal is pending, but Lauranzano added some conditions, including a requirement that she have an alcohol monitoring device in her home and that she blow into the device for samples three or four random times a day. She’ll have to report in person to a probation officer once a week.
She has also been ordered not to drive while the appeal is pending. A conviction for a third offense carries an eight-year loss of license.
A status hearing in the case is scheduled for June 10.
Courts reporter Julie Manganis can be reached at 978-338-2521, via email at email@example.com or on Twitter @SNJulieManganis.