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Unlawful Search and Seizure

Under the 4th Amendment of the United States Constitution, we the people have a right to be free from unreasonable search and seizure. This right is protected by judges through the exclusion of evidence, if it was unlawfully obtained by police. This evidence is excluded to deter the police from using similar practices in the future.

The rule of law is called the exclusionary rule; however there are exceptions to the rule, which allow for introduction of evidence even if contrary to the 4th Amendment. Some of these exceptions include the good-faith exception and the inventible discovery rule.

The 4th Amendment also protects one from an arrest without probable cause. A DUI arrest is usually initiated by a driving pattern and/or traffic infraction has occurred. If a police officer has initiated a traffic stop, they must have probable cause to believe a traffic infraction has occurred or a person may be under the influence of alcohol.

Every citizen is guaranteed the protections of the 4th Amendment. To protect your rights and fight the prosecution of a DUI or any other crime, with the best defense possible, you need a DUI Attorney with the experience to fight for your rights.


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Jacksonville Law Office
630 West Adams Street, Suite 202
Jacksonville, Florida 32204

 

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