Search/Seizure Violations and DUI
Challenging Tampa DUI Charges
The Fourth Amendment to the U.S. Constitution protects the right of the people from unreasonable searches and seizures. By limiting the ability of law enforcement to conduct searches or make arrests without probable cause, the Fourth Amendment helps avoid situations where the police search a person or make an arrest without any real reason to do so. Search and seizure violations apply to
Tampa DUI charges just as to any other type of criminal offense in the U.S.
Let's look at a scenario where a driver's rights are actually violated. Bob is driving home from a local bar at closing time, when he suddenly sees flashing lights in his rearview mirror. He quickly pulls over to the side of the road and provides his license and registration to the police officer upon request. The officer asks Bob to step out of the vehicle and proceeds to search the trunk, glove box and rest of the vehicle for drugs, open alcohol containers, weapons or other incriminating evidence. The officer does this without Bob's consent and does not even establish that Bob may have been drinking or may have a dangerous weapon in the vehicle. This may be considered an unreasonable search. If Bob is subsequently arrested, it may be an unlawful
arrest as well.
Protecting Your Fourth Amendment Rights
At Thomas & Paulk, we recognize the important role that the Fourth Amendment plays in our clients' DUI cases. We
challenge drunk driving charges in and around Tampa and all of Hillsborough County, Florida, placing a strong emphasis on personalized client attention and aggressive representation in order to help our clients seek the best possible case results. If you were arrested for DUI and believe that your rights were violated, call us. We offer a free initial consultation and will be happy to answer your questions to see whether you have grounds for a case.
By law, any evidence or information obtained as the result of an illegal search or seizure cannot be used as direct evidence against a defendant in a criminal case. Based on this, drugs or weapons taken from your vehicle may be considered inadmissible as evidence. The outcome of a breath test or
blood test may also be thrown from your case. Any weakening in the prosecution's case against you may mean that you are able to secure a dismissal or avoid a conviction. Our thorough investigation and aggressive defense of your constitutional rights will make the most of any search and seizure violation we discover.
To learn more about how a search and seizure violation may be used to challenge evidence in your DUI case, contact a Tampa DUI lawyer at our firm today.