Search and Seizure of Person

When examining the variables involved in a DUI case, a seasoned Sacramento Indian DUI attorney will determine any elements of government intrusion or seizure that may have occurred during the encounter. It is important to establish these boundaries in order to properly represent a client in court.

Keep in mind that although your Sacramento Indian DUI attorney will be investigating your case for elements of unreasonable search procedures, police generally don’t need any justification in order to perform certain tasks. For example, they are allowed to shine a flashlight into your car or open window, or approach you in the street to ask you questions. If these things occurred, your lawyer won’t utilize them in your defense. Instead, he or she will attempt to argue for two issues.

• If you believe that the search was conducted without probable cause or reasonable suspicion, the prosecution may lack justification for the search.
• If you underwent a search in which your subjective expectation of privacy was challenged, you may have experienced government intrusion and can use this against the prosecution in court.

If society agrees that your expectation of privacy is reasonable, your argument may find support in court. These two points will help your Sacramento Indian DUI attorney establish that you were unlawfully searched and have experienced government intrusion.

If, at any point during your encounter with law enforcement officers, you believed that you were not free to leave or end the encounter with the officer, especially if there was some show of force, this may be a violation of your Fourth Amendment rights and constitute seizure of a person. In particular, you may have been subject to seizure of a person if you felt threatened by several officers, if any physical touching occurred, if weapons were displayed, or if the subject simply felt threatened into complying with the officer via certain language or vocal tone.

If search or seizure was a part of your DUI experience, it is imperative that you contact a qualified Sacramento Indian DUI attorney to advise you. Call Param Pabla at (916) 285-7900 to schedule a consultation and receive expert guidance during this difficult experience.