SPECIAL REPORT: Mistakes the police make...and how they can
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Defending DUI Cases in: Los Angeles - Van Nuys - Pasadena - Santa Monica DUI - Orange County
53 Things YOU Need to Know about Your DUI Case that NO ONE is Telling YOU
Stopping a vehicle on the basis of an anonymous call. An officer can not rely
on a phone call to stop you, if he does not have a name and address for the
caller. There must be a reasonable suspicion before your liberty interest is
overcome. It is an illegal seizure.
Following a driver into his residence without an invitation or without enough
information to justify the entry. Your home is protected under the fourth amendment.
Without your consent, a police officer must have probable cause to believe
you committed a crime and exigent circumstances which prevent the obtaining
of an arrest warrant. Police are like vampires. They can't usually come in
unless you say so.
Basing an arrest on the statements of the driver alone. The officer must
have independent evidence to corroborate these statements. This often arises
when he has not seen you in physical control of your car.
Detaining a driver longer than is reasonable to investigate. The constitution
does not allow officers to hold you without limit. It is an illegal seizure.
Stopping a vehicle without an articulable reasonable suspicion. A police
officer can not stop you just because he thinks you are suspicious. He must
articulate specific facts that indicate you are driving under the influence
or violating some other law or ordinance.
Stopping a vehicle because it stops in the middle of the street or it is
driving too slow. Unless there is a specific traffic ordinance you are violating,
such as impeding traffic, it is not lawful for an officer to stop you. It is
an illegal seizure.
Weaving within a lane. The statute only requires you to drive as nearly as
is practicable within a single lane. Some cases hold that one weave into the
shoulder is not enough reason for a stop.
Stopping a vehicle based on a misperceived violation of a law. The officer
must be right about his interpretation of the law.
Stopping a vehicle for an improper sign. Street signs and lane markings must
comply with the usual requirements of Traffic Control Devices.
ailing to follow
the rules of the Department of Health and breath analyzer operation manual.
These failures may invalidate any alcohol testing.
Stopping at an improper roadblock. There are guidelines that must be followed
to validate the stop. If not, it is an illegal seizure.
Stopping a vehicle just to check the driver's license and registration. There
must be an actual traffic violation or an articulable reasonable suspicion
of a crime. If not, it is an illegal seizure.
Stopping a vehicle without being able to identify it as the one actually
committing a traffic infraction. Officers must be able to convince the Court
that they stopped the right car. If not, it is an illegal seizure.
Stopping a vehicle for no reason at all. It's done. Officers usually do not
show up in Court on these. If not, it is an illegal seizure. Blocking a vehicle's
exit without justification. Officers may not restrict a drivers liberty interest
in the freedom to leave without a reasonable suspicion. If not, it is an illegal
seizure.
DUI probable cause: A police officer must have a reasonable belief that your
driving has been impaired before he can request that you submit to an alcohol
test.
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Defending DUI Cases in: Los Angeles - Van Nuys - Pasadena - Santa Monica DUI - Orange County
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