Constitutional Issues in Prince George’s County DUI Cases

When it comes to law enforcement, the expectation is that they are supposed to work within the parameters of the law in order to make sure that it is followed. In some instances, they might even violate the constitutional rights of those suspected of committing crimes. These issues can have a major bearing on the case. For example, constitutional issues in Prince George’s County DUI cases could impact a case by weakening the prosecution’s case. Evidence collected through illegal/constitutional means could be dismissed, strengthening the defense and weakening the prosecution. Speak with a skilled DUI lawyer that could use the issues in your DUI case to bolster your defense.

Common Issues in DUI Cases

One of the most common constitutional issues in Prince George’s County DUI cases is challenging the legality of the initial traffic stop. Someone could be leaving a bar at 2 a.m., wearing a Bud Light shirt and Bud Light hat, and drinking a bottle of darkened liquid. They could throw the bottle away and drive off. An officer is not permitted to pull that person over because there is no reasonable belief that that person’s impaired regardless if they have been drinking alcohol or if they even had one beer.

A person could have a beer and not be drunk, but if they pull that person over and they happened to be impaired or under the influence, there is a challenge to the legality of the initial traffic stop because the officer did not have the right to pull that person over, to begin with, based upon those circumstances. Challenging the legality of the stop or the legality of the arrest is one of the biggest constitutional challenges that happen that arise in DUI cases.

Fourth Amendment Protections

In DUI cases, the Fourth Amendment offers protections such as that a person cannot be stopped without what is called reasonable articulable suspicion. An unreasonable search is any search not supported by probable cause. A person cannot be arrested without probable cause and a person cannot be forced to submit to any testing or answer any questions if they do not want to.

Search and Seizure Issues

Search and seizure is one of the most common constitutional issues in Prince George’s County DUI cases. Search and seizure usually refers to seizure, then a search, and another seizure because the way it works is someone, to be searched, has to be seized. A person can be seized. A police officer can stop a person and restrict their freedom. A person can be detained, not necessarily arrested but detained. But to detain a person, there has to be a basis for the detainment. Once a person has been seized, then police could do a search.

If they find evidence of contraband, then they seize that contraband once again. Every one of these three things – the seizure, the search then the seizure, in that order – all have to have independent bases that permit the police actions. If the police do not have the bases for doing so, then no matter what was found, said or obtained, a lawyer will move to exclude that in the trial.

The Necessity of Warrants and Exceptions

A warrantless search is a search made without a warrant. In order for searches to be constitutional, there must be a warrant. However, there are exceptions to the warrant requirement. The warrant is a signed order by a judge, giving an officer the right to search a person and seize their property.

Plain View

There are numerous possibilities for a person to obviate the need for a warrant. One is plain view. If an officer walks by a car and sees somebody smoking out of a glass bowl and they see a glowing ember or rock, they have reason to believe that that is illegal contraband. It is in plain view. They do not need a warrant to see it, as it was out in the open.

Exigency

The other exception to warrant requirements is called exigency. Exigency refers to an emergency. If an officer is walking by a house and they hear a woman screaming for help, they do not have to go get a warrant to go in the house. They can go in based upon what they are hearing to provide aid. If police can establish one of these exceptions, then what they find, see and hear is admissible at trial. If an individual wants to know more about constitutional issues in Prince George’s County DUI cases and exceptions to those rules, they should consult a knowledgeable DUI attorney that could answer their questions.