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    Constitutional Issues in Darien DUIs

    The most common constitutional issue that arises in Darien DUI cases deals with the Fourth Amendment. This amendment is in regards to whether the officer’s stop of a car was constitutional. The violation of such an amendment can significantly impact an individual’s DUI case.

    If you believe your constitutional rights have been violated in in the course of your Darien DUI case, it is imperative that you consult with an attorney as soon as possible. A knowledgeable Darien DUI lawyer will be able to gather all the necessary evidence to help mount a strong defense on your behalf.

    Granted Protections

    A person has a right against any unreasonable searches and seizures. Unreasonable searches or seizures include things that the officer did not have probable cause to conduct, especially without a warrant. During Darien DUI stops, there is often not a warrant for stopping the car, searching it, or seizing it.

    If Darien law enforcement searches without a warrant, the officer must have probable cause to make that stop, search, and seize anything. For example, officers might say they have probable cause to search a vehicle because there may have been an accident.

    Further, if an individual forgets to turn their headlights on, if they have a tail light out, if they go over the yellow line, or they are making unsafe movement with their motor vehicle, that can also be probably cause to pull an individual over.

    Unreasonable Search

    Unreasonable search is defined as anything that goes outside of the scope of what the officer needs to do. For example, before an officer has probable cause, if they are asking the person to step out of their car to try and search it, that would be defined as unreasonable. In this case, law enforcement did not have the probable cause necessary to search the vehicle.

    Usually, officers will detail whatever reason they are giving for pulling the person over in their police report. This is to alert the defense attorney that they in fact had reasonable cause to conduct a search and seizure, and therefore did not violate any constitutional issues in Darien DUI cases.

    Further Constitutional Issues

    Beyond the Fourth Amendment, the main constitutional issue that may be violated in a Darien DUI case is the Fifth Amendment. This amendment protects a person from making any statements that could possibly be incriminating, and gives the individual the right to an attorney during questioning.

    If there is a chance that the person was not properly given their Miranda warning but asked to give a statement, or if they were not given the opportunity to contact an attorney but were asked to give a statement, that could be in violation of constitutional rights in a Darien DUI case.

    The courts have a guideline from past cases interpreting what is and what is not reasonable in those kinds of issues.

    Impact on the Case

    If there is a Constitutional issue in an individual’s Darien DUI case, the defense attorney can file a motion to suppress any evidence that was taken in violation of the person’s constitutional rights.

    If that is granted, it could take away evidence that the prosecutor needs to prove the case. Sometimes, those motions could be dispositive of the entire Darien DUI case.

    Darien police officers typically try to be careful writing their reports to make sure they write it in a way that suggests they are following all constitutional mandates in Darien DUI cases. Prosecutors will try and argue against any suppression of the evidence.