Was it lawful?
Were you arrested in Georgia for drunk driving under the pretext of a routine traffic stop? Did you, or do you, suspect that you may have been the target of unlawful police procedures? The Georgia criminal lawyers at the firm encourage Georgians to be aware of their rights to protection from unlawful police procedures.
At the time of your DWI /DUI arrest, did the law enforcement officer violate your Fourth Amendment rights?
To schedule a free consultation with an experienced DWI/DUI (drunk driving) lawyer, contact Trentacosta & Associates P.C. to discuss the relevance of search and seizure laws to your case.
Your Fourth Amendment Rights and DWI/DUI
The Fourth Amendment of the United States Constitution was established in order to protect citizens from unreasonable search and seizure. This Amendment limits the power of the police to make arrests, search people and private property, and seize any tangible items including evidence of criminal activity (such as driving with an open alcohol container).
Did you give up your rights voluntarily?
Search and seizure laws have traditionally held that if a person voluntarily gives up his or her right to protections from search and seizure, then the police have the right to search. During our free initial consultation, we will examine whether you did so at the time you were stopped.
Public Interest vs. Your Right to Privacy
Granted, there is a clear public interest in preventing drunk driving that may endanger other motorists and pedestrians. In this context, it would seem that the goal of search and seizure laws are to protect your privacy while at the same time, allow officers to reasonably pursue criminal justice and protect the public from danger if they suspect you are driving while intoxicated.
Was There Probable Cause for Your Traffic Stop?
In some cases, when there is probable cause, an officer can conduct a search without a search warrant when he has reason to believe that a search is necessary to protect the public from imminent danger. Furthermore, cars can be searched without a warrant in certain cases.
Part of our job is to meticulously examine every detail and fact related to our clients arrest for driving under the influence of alcohol. This includes analyzing the facts to determine whether our clients rights to privacy and protection from unreasonable search and seizure were violated.
One of the most important questions is: Did the officer have probable cause to stop you and conduct a roadside DWI/DUI investigation?
Let’s talk about your arrest in connection with search and seizure laws.