Articles Tagged with Fourth Amendment

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On April 17, 2013, The U.S. Supreme Court ruled on Missouri v. McNeely, siding with the lower courts’ decisions in a 5-4 ruling to suppress DUI evidence from being used against the defendant.

The case involved a DUI stop, following a moving traffic violation. After questioning, the driver was arrested for suspicion of DUI, after he refused to submit to a DUI breath and blood test.

Following the arrest he was transported to a nearby hospital where a DUI blood test was taken by a lab technician, at the direction of the police officer. The blood test was conducted without the driver’s consent, and in absence of a warrant. The police officer made no attempt to obtain a warrant to collect the blood for the DUI investigation.

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“If there was no “Probable Cause for Arrest”, a good Phoenix criminal defense attorney may be able to get your Phoenix DUI charges dismissed.”

“Probable Cause” for Arrest Standard

“Probable Cause” to arrest is a higher standard than “reasonable suspicion” to stop someone to for DUI or criminal charge investigation. The “Probable Cause” standard is a right that originates from the Fourth Amendment of the United States Constitution. The Fourth Amendment requires that warrants and arrests be supported by “Probable Cause”. In other words, if no “probable cause for arrest” existed, then the arrest was unlawful; an unlawful arrest is a violation of your rights.