If you’ve been pulled over for suspicion of DUI, you may have been subject to an unreasonable and unlawful search, seizure, or other invasions of your privacy. Even if the police officer was within his or her rights to pull you over if he suspected you were driving impaired, he only has the right to search your vehicle or seize your possessions under a very limited legal scope. The Fourth Amendment of the Constitution is specifically designed to shield America’s citizens against such unreasonable search and seizures, and if you have been subject to such a violation of your rights, you must contact an experienced Florida DUI attorney in your area.
When Are Police Officers Allowed to Search During a DUI Stop?
Only in cases where the police have very specific reasons to think your activities pose a danger or immediate threat to others, are they allowed to override your basic privacy rights as constitutionally allowed and search you, your car or any other space which you clearly have control over. In order for such a cause to be deemed legal and proper, probable cause must be clearly established.
In other words, if a police officer has clear cause to believe you are concealing weapons, drugs or stolen property, and that such items pose a clear danger to others, then they are allowed to search your car or your pockets or other areas that would normally be off limits. In situations like this it is highly unlikely that the officer will take the time and trouble to obtain a warrant to search your car, especially in light of the recent rulings by the Supreme Court that the concerns regarding privacy of a drunk driver are subordinate to the welfare of those around you.
What is Reasonable?
A problem often occurs in the definition of “reasonable.” The courts define reasonable using a test which consisted of two basic questions: whether or not you had an expectation of privacy under the current situation, conditions and location and whether the average person would consider your privacy expectations rational and not at the expense of a threat to the public if not searched.
That said, there are only a handful of situations where a policeman can search your vehicle in a lawful manner after stopping you for suspicion of DUI. If you grant consent to search your car, then obviously the officer can do so, or if the officer possesses a valid search warrant, then there is little question about the legality. Otherwise, the officer must establish cause. An instance of this would be if the officer observed shotgun bullets scattered over the back seat of your car, leading him to believe you could be carrying a weapon that poses a threat to others or that you are planning to commit a crime. The only other scenario in which your car can be searched is if you have been arrested and your vehicle has been seized and taken for inventory and evidence against you.
If Your Rights Have Been Violated
If the prosecution is using evidence against you which was seized improperly or illegally, it is imperative you hire an experienced DUI attorney to protect your rights. Your attorney will exercise what is known as the exclusionary rule which deters the police from conducting an illegal search by disregarding any evidence which is gathered from unauthorized practices. A police officer may have the legal right to pull you over on suspicion of impaired driving but unless the specific exceptions detailed above are present he does not have the right to violate your Fourth Amendment rights. Your Florida DUI attorney may be able to get your case completely dismissed or at the very least the charges lessened if you were subject to an unlawful search and seizure.
