The 4th Amendment to the United State’s Constitution protects all citizens from unreasonable searches and seizures, that includes one’s home, car and automobile. An officer may however stop a vehicle if they believe they have reasonable articulable suspicion that a crime is being committed, ie. Speeding or Drunk Driving. A traffic stop is generally a “warrantless” stop meaning that the officer must meet the criteria of “reasonable articulable suspicion” before pulling over a motorist an impeding on their 4th Amendment right to be free of police stops.
This is a very significant issue that may have a bearing on your dui or non-dui arrest. A seasoned attorney will be well versed in whether a traffic stop passes Constitutional evaluation or fails and therefore should be thrown out. This is why it remains imperative to retain effective counsel in all cases.
Just this week during trial I was able to secure a Not Guilty on a very significant DUI because of a bad stop. It was raining and my client was driving on the beltway at a speed that was 5 miles per hour less than the speed limit. It was late at night so it was obvious that the officer thought my client was impaired. However outside of the slow speed my client committed no traffic violations. An officer can pull someone over for going to slow but they must prove that the drivers speed impeded traffic or wasn’t reasonable given the road condition. The officer while on the stand during trial said that he pulled my client over for a well being check. He said he wanted to make sure my client was ok. When asked why he pulled him over for that and not a traffic violation the officer said he didn’t think he had enough evidence to pull over for a traffic violation.