Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here Understanding Search and Seizure Law: The Fourth Amendment »
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- You should learn when the government can invade your privacy to hunt for evidence of a crime.
Limitations have been put on the power of the police to make arrests, search people and their property, and seize objects and contraband (such as illegal drugs or weapons) by the Fourth Amendment to the US Constitution.
These limits are considered as the bedrock of search and seizure law. In this article I have tried to cover the basic issues that you should know about these limits, it starts with an overview of the Fourth Amendment itself.
The Fourth Amendment: Protecting Your Privacy
The statement of the Fourth Amendment to the US Constitution reads as follows:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
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Probable Cause in DWI Arrests »
On one of the Saturday nights while you are driving home late, you had a look in your rearview mirror and caught a glimpse of the dreaded red and blue flashing lights. One of the cops came near to your window and you were asked to step out of the car. After taking some field sobriety tests, they took you to the police station and then you are charged with a DWI. Someday you were out at a party, and the results of your breathalyzer test shows that you have a BAC level above the legal limit of .08. It seems to you like case has been closed for you – Isn’t that?
Yes it is not wrong that a large portion, even though a majority of DWI-related arrests lead to a subsequent conviction in court. Having so many laws that require DWI suspects to submit to test after test, and breathalyzer devices are widely used despite of fierce ongoing controversy over its reliability, it is a little surprise that many people feel helpless when they face a DWI charge.
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DWI Probable Cause »
However, the officer must have probable cause that the driver was driving while intoxicated before he can arrest a driver for drunk driving. The standard of a probable cause is higher than reasonable suspicion. Thus, if the driver is swerving a little bit then it doesn’t give an officer the right to arrest that driver for drunk driving.
Indeed, what the officer should do is that he must pull over the driver and assess the situation and after getting the driver perform field sobriety tests or observing him or her for a few minutes, and after knowing with reasonable certainty that the driver is intoxicated then only he may arrest him or her for drunk driving.
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