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How California Search and Seizure Laws Can Invalidate Your DUI Arrest

By Neil Shouse, Esq.

California?s search and seizure laws permit an officer to conduct a lawful search and seizure of a suspect?s body incident to arrest. The laws also allow an officer to conduct an inventory search prior to impounding a car. However, any violations of the rules and regulations that make up these laws can result in a suppression of illegal evidence. This means that even if you were technically driving under the influence and/or technically guilty of possessing drugs, carrying a concealed weapon, or any other crime, if the police didn?t act in strict accordance with California?s search and seizure laws, the illegally obtained evidence cannot be used against you. This could be the case if, for example, the officers pull you out of your car and search it before they even realize you might be DUI...continue to full post

Full post as published by DUI Blogger on September 09, 2010 (boomark / email).