DWI Search and Seizure
Search and seizure is the term used when a police officer examines a person’s property, home, or vehicle to uncover potential evidence that proves a law has been violated. After searching the property, the officer may then seize this evidence.The Fourth Amendment to the U.S. Constitution protects people against unreasonable search and seizures. This means you cannot be searched or arrested without probable cause or a warrant. Any evidence gathered without probable cause, moreover, may be inadmissible during the trial.
How does this apply in a driving while intoxicated (DWI) case? Even before a traffic stop can be made, the police officer must have probable cause to believe a crime is being committed. If the traffic stop is valid, the officer must have probable cause to search your property—this includes your vehicle. Without probable cause, evidence obtained during the illegal search may be suppressed during the trial.
You are protected by the Fourth Amendment when you are being questioned by police, are pulled over for a traffic violation, when you are arrested, when your property is searched, or when the police seize your property. If you feel as though your rights are violated at any point during your traffic stop or arrest, it is important to let your attorney know immediately. Your defense attorney will ensure that your rights are protected and that any illegal evidence is thrown out.
There are a few exceptions to probable cause—for example, the driver may voluntarily give the officer permission to search his or her vehicle. If the property is owned by a third party, the owner may also give consent for the search.
It is important to fight your charges, especially if you have been subjected to illegal DWI search and seizure. If convicted of drunk driving, the court may sentence you to jail time, probation, expensive fines, and the loss of driving privileges. You may also face increased insurance premiums, if your insurance provider doesn’t completely drop your coverage.
Do you have questions regarding DWI search and seizure? Contact an experienced defense attorney in your area as soon as possible.Your attorney can determine whether the evidence in your case was obtained illegally.
