No one is subject to arbitrary traffic stops by the police. They require an explanation. The Fourth Amendment protects you from being stopped and searched without probable cause. Therefore, many people who have been arrested for DUI in Colorado have a strong defense based on unconstitutional police stops.
For the best chance at beating your criminal charges in Colorado, you should consult a reputable Glenwood Springs car accident lawyer with experience handling DUI cases.
INAPPROPRIATE POLICE CHECKPOINTS AS AN ALTERNATIVE DUI DEFENSE
The rights of Colorado citizens are enumerated in Article II, Section 7 of the state’s constitution. According to this provision, no person, papers, house, or effects may be searched or seized in any arbitrary or excessive way. Comparable protection can be found in the Fourth Amendment of the United States Constitution, which is analogous to Section 7 of the Act. However, the judicial system has had difficulty settling on a clear definition of what constitutes an unlawful search and seizure.
When police officers intrude on someone’s privacy without probable cause, the courts have ruled that this constitutes an unreasonable search and seizure. Before the police can legally invade someone’s privacy, they need probable cause for the person committing a crime.
Principles of Probable Cause and Reasonable Suspicion
With increasing levels of intrusion, the courts have stated authorities must have more evidence. If an officer has even the slightest suspicion that you have done, are committing, or are about to commit a crime, they can pull you over for a traffic violation. An officer can’t make an arrest without proof that meets a higher threshold. An officer needs “probable cause” to make an arrest.
However, what exactly does “probable cause” entail? Probable cause can be defined as the weight of evidence necessary to convince an objective observer that the suspect is guilty of the offense in question.
The Supreme Court of the United States created a solution for those who have been wrongfully arrested due to a violation of their right to be free from excessive searches. The solution is straightforward. If a judge determines that the police violated a person’s constitutional rights, they may be required to throw out any evidence they gathered as a result of the violation.