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Like people across the nation, Minnesota residents have protections against certain actions by the police through both the federal and the state constitutions. One of those protections involves unreasonable searches. What many people do not know is how these protections apply to specific circumstances, such as when someone is arrested on suspicion of driving while impaired by alcohol or drugs. If you have been charged with a DUI, it is important to speak with a DUI attorney about the circumstances that led to your arrest, as unreasonable searches in Minnesota DUI cases can sometimes lead to the charges being dropped.
In most situations, police officers need a warrant to search someone’s personal property, such as their home, office, or vehicle. However, if the officer has a reasonable basis to believe that a crime has occurred or if the person they are investigating gave consent, they are permitted to search.
An officer must have reasonable suspicion to pull a driver over. This suspicion may be a traffic violation, such as speeding or weaving. Once the driver has stopped, the officer has the right to evaluate the driver for signs of impairment, such as slurred speech or the smell of alcohol. They may then request that the driver perform field sobriety tests, which in DUI cases are often the evidence needed to develop probable cause. Based on the results of those tests, at that point, they may arrest the individual on suspicion of DUI.
A search becomes unreasonable when the person is pulled over for no reason and subjected to field sobriety tests without any basis, the officer performs a search of their car without reason to believe a crime has occurred, or leads the driver to believe they are not allowed to leave or that they must consent to a search of their vehicle.
Sobriety checkpoints, where police pull over random vehicles to see if the driver is impaired, are prohibited in Minnesota because the state Supreme Court determined that they were unreasonable searches in DUI cases.
When someone has been arrested for a DUI following an unreasonable search, it is important that they speak with an experienced Minnesota attorney about the details of their case, as there is a chance the case can be dismissed. There is a legal doctrine called “fruit of the poisonous tree” that states that any evidence gathered from an unreasonable search is inadmissible in court. If the officer had no reason to pull the driver over or the driver felt like they were being unnecessarily detained or forced to consent to a search, a determined lawyer might seek to have any evidence gathered against the driver suppressed.
Contrary to popular belief, plea bargains or trials are not the only ways to resolve DUI cases. A lawyer from BK Law Group could investigate the traffic stop and all aspects of the investigation to determine if there was a legal reason for the driver to be stopped in the first place. If you believe the DUI you have been charged with was the result of an unreasonable search, contact our team today. We have successfully challenged charges based on unreasonable searches in Minnesota DUI cases.