San Diego DUI Probable Cause Lawyer

San Diego, DUI Defense Attorney

The Fourth Amendment to the U.S. Constitution provides in part: "The right of the people to be secure . . . against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but probable cause . . ."

The direct result of this sacred provision of the U.S. Constitution is that all evidence, and "fruit of the poisonous tree" obtained as a result of a Fourth Amendment violation is excluded as evidence - leaving very little, if anything, upon which a DUI prosecution can be based.

This exclusionary rule is applicable in State and Federal Courts, and before the California Department of Motor Vehicles. You can learn more about this important subject right now by calling San Diego DUI defense attorney Mark R. De Yoe at (619) 894-8295 or email him.

In 1996, Justice Scalia in delivering the opinion of the U.S. Supreme Court in the case of Whren v. United States, 517 U.S. 806 (1996)., stated in part:  "Temporary detention of individuals during the stop of an automobile by the police, even if only for a brief period and for a limited purpose, constitutes a "seizure" of "persons". . . "An automobile stop is thus subject to the constitutional imperative that it not be "unreasonable" under the circumstances". "As a general matter, the decision to stop an automobile is reasonable where the police have probable cause to believe that a traffic violation has occurred".

What is Probable Cause?

In defining probable cause in 2003, Chief Justice Rehnquist, in the case of Maryland v. Pringle, 540 U.S. 366 (2003)., wrote in part, "The probable-cause standard is incapable of precise definition or quantification into percentages because it deals with probabilities and depends on the totality of the circumstances . . . We have stated, however, that the substance of all the definitions of probable cause is a reasonable ground for belief of guilt, "and that the belief of guilt must be particularized with respect to the person to be searched or seized."

California Penal Code Section 1538.5 sets forth the procedure for pursuing Constitutional challenges in State court, providing in part: "A defendant may move . . . to suppress as evidence any . . . thing obtained as a result of a search or seizure on . . . grounds . . . the search or seizure without a warrant was unreasonable. . ."

Search and Seizure

There is tremendous body of U.S. Constitutional Law involved in San Diego DUI and automobile stop and search cases. There are many different fact patterns covered by different leading cases. To learn more, call the Law Office of Mark R. De Yoe, APLC at (619) 894-8295 for a free initial consultation and case evaluation with an attorney having over 20 years of experience or email him.