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If the police stop you on suspicion of driving under the influence (DUI), you could face additional criminal charges for any contraband in your vehicle. A conviction could seem inevitable when the authorities have evidence linking you to a crime, such as unlawful drugs or firearms. However, in many cases, proving the police engaged in an unreasonable search can be a strong defense to these charges.
Victims of unreasonable searches in Bloomington DUI cases should speak with an experienced DUI attorney for help. At BK Law Group, we could handle your DUI case and fight any search-related charges. Contact us today to schedule your free initial consultation.
Even if the police suspect you of a DUI, the Fourth Amendment to the United States Constitution protects you from officers conducting unreasonable searches, including searches of your vehicle, your person, or your home. In Bloomington DUI cases, any evidence obtained through unlawful searches can be challenged in court. Under this amendment, the authorities must have one of the following to search your vehicle:
One exception that allows the police to search your vehicle without a warrant is if they have probable cause to believe there is evidence of a crime. The police can also conduct very limited searches if they arrest you, but only in reasonable areas to prevent an arrestee from harming officers or destroying evidence of the crime in question. Police can also collect any evidence of criminal activity that is in plain view during the traffic stop or arrest.
Just because the police arrest you for a DUI does not mean they can automatically search your vehicle. Without your consent, their search is limited to what is necessary for your safety or to preserve evidence of the DUI. They cannot simply start searching for other unrelated contraband without probable cause.
If you face any criminal charges, whether a DUI or additional possession charges, always consult a defense lawyer immediately to identify any potential violations of your rights.
Despite the clear protections of the Fourth Amendment, police officers regularly engage in unlawful searches during DUI stops in Bloomington. They might search a glove box or console and find a controlled substance, leading to drug possession charges in addition to the DUI. However, it is unlikely that DUI evidence would be in these small, enclosed compartments, and there is no safety-related justification for searching these areas when you are under arrest outside the vehicle.
Your defense attorney could review the circumstances of the search and determine if it was unreasonable. If so, they can file a motion with the court to suppress the evidence. The law cannot undo violations of your rights, but it can provide relief by allowing the criminal court to throw out any evidence obtained from the unreasonable search.
If the court suppresses evidence of the contraband found in your vehicle, the prosecution might have little evidence left to prove your charges. For example, without the drugs you possessed, they might have nothing else to prove beyond a reasonable doubt that you possessed a controlled substance.
In many cases, the prosecutor or judge will dismiss the charges related to the illegally obtained evidence following a successful motion to suppress.
If you are facing additional allegations due to unreasonable searches in Bloomington DUI cases, contact BK Law Group to begin building your defense. We could identify whether the police violated your rights and use it as part of your defense. Get in touch with our legal team today.
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