so attorney areeva martin joins us from los angeles with her take on the case.us who have this in our homes it is a little disconcerting to know and to learn that it is listening all the time that is like a recording ongoing in our homes. that's disconcerting. but how -- how is this any different to when there is an investigation and they want data from a phone that would help at least find out what happened in this case? why is there resistance from amazon in this? >> the district attorney said it is no different. they said it's no different than having a legal search warrant for your phone or computer records. and amazon's position, according to this district attorney s not supported by the law or the legal precedent. and now the district attorney has to make a decision. the warrant has been issued. amazon has been willing to release account information, but not the recordings on the echo. so the district attorney in this case will have to decide if it's going to go into court and challenge amazon and ask the court to intervene and to force amazon to release t

caffeine and nothing else, mind you, legal analyst areeva martin joins us now. like this. the only present in his system was caffeine. >> this is such an unusual case you have this driver on a freeway and this officer saying he was allegedly swerving in and out of track. he gets arrested. he gets charged. a bratt liezer is negative. negative for alcohol and any controlled substance. yet he's arrested and he's charged. he faced a pretty substantial bail and now he has to face trial for these charges. and the only thing found in one of these tests is caffeine was in his system. this is going to be really a difficult case for a district attorney to prosecute because the vehicular code doesn't include couffee as a controlled substan substance. >> i would be in jail. >> yes. >> which he might enjoy. >> we don't have to worry about this. >> no, i don't think anyone has to worry about having their fifth, sixth or their tenth cup of coffee, coffee is not a controlled substance. i don't see how the prosecutor is going to prove this case. no crime was committed. now there