Unlawful Search & Seizure – Los Angeles DUI

Lawyer for DUI Charges in Los Angeles

It is easy to feel intimidated in front of a police officer. You may have never had a run-in with law enforcement before and may wish to cooperate because you feel you have nothing to hide. You may feel that the officer’s actions are unreasonable but may be uncertain about saying anything for fear of being arrested or worse. If you were subjected to an unlawful search and seizure in conjunction with DUI in the Los Angeles area, a DUI defense lawyer can help. At the Law Offices of Loren M. Merlin, we represent drivers throughout LA who have been stopped and arrested for drunk driving.

Under the Fourth Amendment to the U.S. Constitution, we are protected from “unreasonable” search and seizures by law enforcement. To make an arrest, detain an individual against their will or perform a search of a person or his or her property, law enforcement must have a valid warrant and probable cause. An officer is not legally allowed to make an arrest simply because a person “looked suspicious”. The arrest or search must be based upon a warrant or more than a simple suspicion that criminal activity has occurred or is occurring.

In relation to Los Angeles DUI charges, the arresting officer must first establish probable cause that the driver is “under the influence” of alcohol or drugs to make an arrest. This may be established through the officer’s observations of the driver’s behavior, the driver’s statements to the officer or performance on field sobriety tests or a roadside breath test.

Drunk Driving Charges Based Off an Unlawful Search and Seizure

If you believe your rights were violated during a search conducted after a traffic stop or if you believe you were wrongfully arrested for DUI, we can help. Contact a Los Angeles DUI Attorney today.