Every person facing criminal charges is presumed innocent until proven guilty. Because individuals are presumed innocent, their civil rights cannot be infringed upon at any time during the arrest process or due process of law. Unfortunately, real world circumstances often lead to fourth amendment rights violations, but these infringements can become the foundation of an effective DWI defense case.
What Are Your Fourth Amendment Rights?
The U.S. Constitution’s Bill of Rights guarantees certain inalienable rights. The fourth amendment speaks directly to an individual’s rights in a criminal investigation process. It states that people have the right “to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures.” The fourth amendment goes on to require probable cause in order to secure a warrant that must name the person and/or place at which a lawful search and/or seizure may take place.
How Your Rights Affect Your DWI Defense
Whether or not your drunk driving arrest was a lawful detainment hinges on whether your fourth amendment rights were respected or violated. In order to be lawful, an officer must have reasonable suspicion to begin a DWI investigation (i.e., traffic stop, field sobriety test, etc.), and that investigation must turn up evidence that constitutes probable cause for your arrest.
The criminal defense attorneys at Patrick J. Martinez & Associates know how to investigate the circumstances surrounding your arrest to determine if reasonable suspicion and/or probable cause existed. If you were arrested at a DWI checkpoint, it is especially important that you consult an experienced attorney about your fourth amendment rights.
To discuss your case, contact us. We offer a free initial consultation, and we provide representation at all administrative hearings at no extra charge for our criminal defense clients.