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Suppression of Evidence

Suppression of Evidence

The Fourth Amendment of the United States Constitution protects people from unreasonable searches and seizures of their homes, property, person, papers, and effects. If you believe you were stopped or searched illegally, then a Motion to Suppress Evidence is the best remedy. An experienced DUI Law Firm can use a motion to suppress to your advantage, such as getting your case dismissed.

In the United States, every warrantless search or seizure is presumed to be invalid. This does not mean your case will automatically be dismissed if police did not obtain a warrant, but it does mean the prosecutor has the burden to prove the search/seizure was justified. As discussed above, some things the prosecutor must show are that the officer first had reasonable suspicion to stop you, and then probable cause to arrest you.

The court will consider the totality of the circumstances when determining whether the officer had sufficient justification to stop and arrest you. Also, while an officer cannot rely on a hunch or belief, he can rely on his training and experience to reach conclusions. Therefore, it is important you hire a skilled DUI Law Firm to combat the officer

Suppression of Evidence

The Fourth Amendment of the United States Constitution protects people from unreasonable searches and seizures of their homes, property, person, papers, and effects. If you believe you were stopped or searched illegally, then a Motion to Suppress Evidence is the best remedy. An experienced DUI Law Firm can use a motion to suppress to your advantage, such as getting your case dismissed.

In the United States, every warrantless search or seizure is presumed to be invalid. This does not mean your case will automatically be dismissed if police did not obtain a warrant, but it does mean the prosecutor has the burden to prove the search/seizure was justified. As discussed above, some things the prosecutor must show are that the officer first had reasonable suspicion to stop you, and then probable cause to arrest you.

The court will consider the totality of the circumstances when determining whether the officer had sufficient justification to stop and arrest you. Also, while an officer cannot rely on a hunch or belief, he can rely on his training and experience to reach conclusions. Therefore, it is important you hire a skilled DUI Law Firm to combat the officer