Tuesday, May 22, 2012

In order to use San Diego DUI evidence such as test results and police observations of purported symptoms or signs of intoxication or impairment, there must be a lawful California stop and a lawful drunk driving arrest, lawyers remind

In order to use San Diego DUI evidence such as test results and police observations of purported symptoms or signs of intoxication or impairment, there must be a lawful California stop and a lawful drunk driving arrest, according to knowledgeable attorneys in this field.

In this new Article, Criminal Defense Attorneys emphasize the law really hinges on what is going through the California peace officer’s brain at the time of his or her decision to make a San Diego vehicle stop. In determining the lawfulness of a stop, what the DUI cop finds out “after” the contact is not important in that regard!

There is no After-Acquired Facts Exception to the California Evidence Code. Also, there similarly is no “just to explain the San Diego DUI officer’s subsequent conduct” exception: “Subjective intentions [of cops] play no role in … 4th Amendment analysis.” Whren v. United States (1996) 517 U.S. 806, 813. “Detention” standards apply in determining the legality of California vehicle stops (and ensuing searches & seizures). “The decision to stop an automobile [without a warrant] is reasonable where the police have probable cause to believe a traffic violation has occurred.”