October 10, 2011 By Matthew Wallin

A police office can only pull you over if he/she has reasonable cause or suspicion that a crime/or traffic offense is being committed. The police cannot pull you over on a mere hunch or curiosity. In addition, the police cannot pull you over due to race, creed or national origin. These kinds of stops are strictly prohibited by the United States Constitution as well as the State Constitution.

Many times, officers may decide to “create” probable cause by mentioning some type of vehicle code violation such as speeding or making an illegal turn. While these are valid reasons to make a traffic stop, these reasons have to exist at the time of the stop and not be fabricated in the police report after the fact.

A trained and skilled Orange County DUI defense attorney would file a 1538.5 Motion to Suppress Evidence based on such an illegal stop. Any evidence of criminal activity found pursuant to an unlawful arrest would have to be thrown out of court under the Fourth Amendment and subsequently the case would be dismissed.

A 1538.5 Motion to Suppress Evidence can be utilized in various situations. As it pertains to traffics stops, it can be used to challenge the initial stop or the subsequent arrest. There must be probable cause in both cases in order for the evidence to be admitted before the court. Otherwise, as previously stated, ALL evidence gather during that stop will be thrown out (including observations made and noted by the officer as well as any tests performed during or after the stop).

It is critical that for the prosecution to establish probable cause in order for the charges to stick. The officer must have had a reasonable belief that you had/were committing a crime. Often times this standard is not met by the officers and prosecutions proceed where they should not.

We hope this provides you with some insight into your rights and how to avoid being unjustly prosecuted for a DUI charge arising out of an illegal stop. If you or a loved one needs help with a charge arising from a questionable traffic stop, it is imperative that you get a competent attorney immediately. Having been in practice for over 30 years, Wallin & Klarich will equip you with a highly skilled and aggressive attorney to provide you with the best possible defense. Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.

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