DWI Searches and Seizures
Defending Against Constitutional Rights Violations in Denton County
The Fourth Amendment to the U.S. Constitution affords every individual the right to be secure in their person or property. This means that, if law enforcement officials suspect someone of committing an offense, they cannot simply stop and search that individual. They must have either a warrant or probable cause to do so. If they fail to follow proper procedures, they may have violated constitutional protections, and any evidence they obtained may be inadmissible in the case.
Constitutional Protections and DWI Cases
The Fourth Amendment protection applies to DWI matters. However, in these types of cases, police generally don’t need a warrant to stop someone or conduct a search of their person or property. They do need either probable cause of permission to take such action, though.
Probable cause means that the police officer had some justifiable reason to pull someone over and/or arrest them. Their actions cannot be based on a hunch. For instance, if an officer sees a person leave a bar and start driving home, they cannot assume that the individual is drunk driving just because of this observation. However, if the driver runs a red light, the officer has probable cause to conduct a stop because the individual committed a traffic violation.
Just because the officer had a valid reason to stop the driver, that does not mean that they have one to arrest them. Again, they must have justifiable grounds to take the person into custody. They may gather evidence to support their decision to arrest the driver by subjecting them to field sobriety tests or observing their behaviors, such as slurred speech or an inability to focus.
During a traffic stop involving a possible DWI, an officer does not necessarily need a warrant to conduct a search of the vehicle. If the driver gives consent or the officer sees something inside the car suggesting that a crime has been committed, they can lawfully look through its contents.
Was Your Stop and Arrest Lawful?
If you believe you were subject to an unlawful search and seizure, reach out to Marsala Law Group. We’ll thoroughly examine your circumstances to determine your legal options. If your constitutional protections were violated, we’ll submit motions to have the evidence thrown out, which can weaken the State’s case against you.
A.G. – Denton Misdemeanor Assault Family Violence Not Guilty
State presented seven eye-witnesses to dispute our claim of self-defense.
A.P.G. – Denton Aggravated Sex Assault of Child & 3 Counts of Indecency with a Child Not Guilty - Jury Trial
C.D. – Denton Felony Violation of Protective Order Case Dismissed
Dismissed and we are now suing the arresting agency.
Dr. J.B. – DWI with Multiple Drug Charges Cases Dismissed
All drug cases dismissed as well as a subsequent DWI while the client was on Probation.
Dr. R.C. – Tarrant DWI Not Guilty
E.D.M. Denton Felony Assault with Priors Reduced to Misdemeanor Time-Served
Charge reduced; client served one day in jail.
E.H. – Denton Misdemeanor Assault Family Violence Case Dismissed
H.R. – Denton Felony Aggravated Assault Not Guilty
Not guilty verdict despite 3rd party-eye witness who testified my client went out to his car and grabbed a tire iron and chased after the victim and beat him repeatedly over the head. This is self-defense at it's finest.
J.G. - Denton Felony Drug Charge Case Dismissed
Dismissed due to invalid search.
J.P. – Dallas Felony Indecent Exposure Case Dismissed
Original offer was 5 years in prison. After our investigation prior to trial, we discovered enough inconsistencies to convince the DA to dismiss!
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