Monday, July 30, 2007

A Hunch is Not a Proper Reason for a California DUI Stop

California DUI Lawyer update

A Ninth Circuit court stated that a person was stopped unlawfully by Deputy Paonessa of the Sacramento Sheriff’s department.

The Deputy saw the temporary registration tag on the car but claimed “very often” those tags are forged.

California DUI police still need “reasonable suspicion” to stop a car.

California DUI arrestees and all Americans are protected by the Fourth Amendment of the United States Constitution to be free from unreasonable searched and seizures.

This was a California cop who saw a temporary tag displayed BUT felt like it could be a forgery because they “very often” are! But the Ninth Circuit Court said: “We are unwilling to conclude it is always reasonable to stop a car that does not have any license plates but has a temporary operating permit, because that would effectively mean it is always reasonable to suspect that a temporary operating permit is invalid.” [People v. Hernandez, 21 CA3rd 445]

The Fourth Amendment still applies to cases involving California Drunk Driving.

California DUI Attorneys - take a deep breath.