Unlawful Stops: Your Fourth Amendment Rights

Understanding your Fourth Amendment rights is crucial, especially when it comes to traffic stops that may lead to Driving While Intoxicated (DWI) charges. The Fourth Amendment protects citizens from unreasonable searches and seizures, meaning law enforcement must have a valid reason—reasonable suspicion or probable cause—to initiate a traffic stop. If an officer conducts a stop without proper justification, any evidence obtained during that stop may be deemed inadmissible in court, potentially leading to a dismissal of DWI charges.

Reasonable Suspicion vs. Probable Cause

For a traffic stop to be lawful, at a minimum, an officer must have reasonable suspicion that a traffic violation or criminal activity is occurring. There are exceptions, such as when an officer is engaged in community caretaking.  For example, if an officer sees a motorist with a flat tire on the side of the road, the officer may want to check on the person to see if they need assistance.  Some driving behaviors that may support reasonable suspicion can include observable behaviors such as swerving between lanes when unsafe to do so, speeding, or running a red light. Probable cause is a higher standard, requiring sufficient evidence to believe that a person has committed a crime, such as visible signs of intoxication or the smell of alcohol. Without reasonable suspicion or probable cause, a traffic stop may violate the Fourth Amendment.

Consequences of Unlawful Stops

If it’s determined that a traffic stop was conducted without reasonable suspicion or probable cause, any evidence gathered during the stop—such as breathalyzer results or field sobriety test outcomes—can be suppressed under the Texas Exclusionary Rule found in Art. 38.23, Code of Criminal Procedure. This means the prosecution cannot use this evidence against you, which often leads to the dismissal or reduction of DWI charges.

Case Example: Hardin v. State

In Hardin v. State, the Court of Criminal Appeals addressed whether the detaining officer had reasonable suspicion to stop defendant for violating Tex. Transp. Code Ann. § 545.060,–The Court decided the trial court did not make an error in granting the defendant’s motion to suppress, because the evidence showed that the right rear wheel of defendant’s vehicle drove on and slightly over the lane divider for a few seconds, there were no other vehicles in the vicinity at the time, and there were no circumstances that would suggested that defendant’s movement was unsafe.

Protecting Your Rights

If you’ve been charged with a DWI following a traffic stop, it’s essential to consult with a knowledgeable DWI defense attorney near you. An experienced attorney can examine the details of your stop to determine if your Fourth Amendment rights were violated. If an unlawful stop is identified, your attorney can file a motion to suppress the evidence obtained during the stop, which may lead to a dismissal of your case.

Conclusion

Understanding and asserting your Fourth Amendment rights can significantly impact the outcome of a DWI case. If you believe your rights were violated during a traffic stop, it’s crucial to act promptly. Contact an experienced criminal defense attorney today.