The key question in determining whether a law enforcement vehicle stop was unconstitutional is whether or not the officer had an “articulable and reasonable suspicion” of unlawful activity. The officer need not have probable cause to stop a motorist. The probable cause standard is the standard used to determine the propriety of an arrest—not a detention.
The articulable and reasonable suspicion standard is an admittedly vague guidepost for evaluating the lawfulness of a motor vehicle stop. DUI lawyers and police have the same problem of trying to determine what is “reasonable suspicion” of unlawful conduct. The main difference between a police officer’s determination and a DUI defense lawyer’s is that the officer has less time in the field to make the appropriate assessment than the attorney has in the confines of his or her office.
While it is fair to recognize that an officer in the field must make a quick determination based on the facts at hand, a misapplication of those facts does not make a DUI stop lawful. In these cases, a good Southern California DUI defense lawyer will acknowledge to the court the sincere efforts by the police officer, but note that the law must still be followed. Good faith in a warrant-less detention is not an exception to the requirement that the officer have objectively reasonable suspicion of unlawful conduct prior to making an enforcement stop.
If you have been accused of a crime in Southern California, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 40 years. Call us today at (888) 749-0034 or visit us at our website at www.wklaw.com. We will be there when you call.
AUTHOR: Paul Wallin
Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney.
Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.
If you or a loved one have been accused of a crime, this is the time to contact us.
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