Unconstitutional Police Stops and Arrests



We have all heard of the 4th Amendment. It protects us against unreasonable searches and seizres. Police have to have probable cause that you violated the vehicle code or reasonable suspicion that you are drinving while under the influence if they want to stop you without violating your rights. If the alleged infraction is only brief in time and minor in nature, it may be uncinstitutional to pull someone over. The police officer has to testify that the facts are such that through his traing and experience, he believed the vehicle code had been violated or that your driving was such that he could articulate a reasonable suspicion that you were driving while under the influence. These issues are very reliant on the particular facts and circumstances of your case. Call me today to see if your rights were violated when the police officer stopped you.




In order to arrest you for DUI after you have been stopped the police officer must have developed pobable cause to do so. The National Highway Traffic Association publishes a manual that the police use to learn how to detect drunk driving. There are three phases of detection: Vehicle in Motion, Personal Contact, and Pre Arrest Screening. The Vehicle in Motion Section has 26 clues that you a driver iintoxicated. Speeding, notably is not one of them. The officer will try to explain what he observed and how it fits into one of those 26 factors. The Personal Contact Phase is when you get stopped and the officer speaks to you. He will note slurred speech, blurry eyes, staggered gait, etc. Finally, in Pre Arrest Screening you will be given Standard Filed Sobriety Tests. The manual describes the proper procedures for these tests. It is important to hire a lawyer who is familiar with these procedures so that if they are not followed properly your arrest can be challenged as uncontitutional or the inaccuracies of field sobriety tests can be brought to light at trial. 


Call or email today for a free consultation.


M.P.Kelly Law

216 North River Street

Courthouse Square Towers

Suite 570

Wilkes-Barre PA, 18702

Phone: (570) 417-5561

Fax: (570) 822-2164

Email: mike@mikepkelly.com

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