How California Search and Seizure Laws Can Invalidate Your DUI Arrest
California’s search and seizure laws permit an officer to conduct a lawful search and seizure of a suspect’s body incident to arrest. The laws also allow an officer to conduct an inventory search prior to impounding a car. However, any violations of the rules and regulations that make up these laws can result in a suppression of illegal evidence.
This means that even if you were technically driving under the influence and/or technically guilty of possessing drugs, carrying a concealed weapon, or any other crime, if the police didn’t act in strict accordance with California’s search and seizure laws, the illegally obtained evidence cannot be used against you.
This could be the case if, for example, the officers pull you out of your car and search it before they even realize you might be DUI. This kind of situation is not at all uncommon. Police engage in this behavior when they are involved in racial profiling, are driving in a “bad area” late at night, or are simply on a power-trip acting in an overzealous, unlawful manner.
Don’t ever assume that just because you’ve been arrested for a California DUI…or for that matter, any California crime…means that you are automatically guilty. This is why it’s always advisable to discuss your case with a skilled California criminal defense attorney prior to pleading guilty.
