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Police Procedures for Search and Seizure in a DUI case in San Diego
The first place any experienced DUI defense attorney begins once the discovery in received in your DUI case in San Diego is to assess and evaluate the legitimacy of the initial detention. In every drunk driving case in San Diego it is worth developing an approach that makes the police conduct unlawful. The Federal Constitution provides us with the Fourth Amendment. The Fourth Amendment allows us to be secure from any unreasonable searches and seizures. All cases involving the stop of a vehicle involves the Fourth Amendment and it is on the prosecution to show the reasonableness of the police conduct in developing probable cause for a DUI arrest under the totality of facts in the specific DUI stop in San Diego.
There are many cues that the police are required to identify in order to have enough probable cause in making an arrest. You are not required to answer any of the questions that an officer asks besides handing over identifying information. There are an unlimited number of reasons an officer may have stopped you; however, for the purposes of a DUI stop the officer cannot base an assumption of drunk driving on a simple hunch of bad driving alone. The basis of the officer’s arrest must simply come down to his personal observations of any violations of the law. There are many instances an individual may have committed multiple vehicle code violations without being under the influence of alcohol or any controlled substance. Be sure to let the officer know right away if there are any medical conditions you may be suffering from as a result of any medical history. Most importantly, an officer cannot perform certain examinations or else they would be flawed if the subject had a medical condition (i.e. suffered from a past concussion).
Prosecutors in San Diego will try to justify the officer’s conduct based on the limited time to make a decision from the point of the DUI stop. However, a misapplication of those facts does not make the police conduct lawful or the arrest after the stop.
If you have questions about whether your arrest was lawful contact an experienced San Diego DUI defense attorney. At Monder Law Group we offer free consultations regarding your DUI arrest and will provide you with all the confidence you need in defending your case. Contact us today at 619.405.0063 or visit San Diego Criminal Attorney