Do the police have to tell me why I was pulled over?
If I
am charged with DUI in Utah, does the officer have to tell me why I was
pulled
over?
Many Utah
DUI
charges begin with a traffic stop. It is common for many police
officers to ask "Do you know why I pulled you over?" or other similar
questions when they first approach the vehicle. The Fifth Amendment
privilege against self incrimination gives you the right to refuse to
answer such a question. But if the officer has probable cause or
reasonable articulable suspicion of a crime, you may find yourself
detained as part of a criminal investigation - and the officer may not
even tell you why.
A typical
DUI investigation begins with a police officer pulling a driver over
for an alleged
traffic code violation. The officer observes an "odor of
alcohol"
or behavior that raises a suspicion of intoxication or drug use. This
can be the
beginning of what can be a complicated investigation process for
police,
to try to determine whether the driver is intoxicated above the legal
limit or otherwise impaired by alcohol or a controlled
substance.
If
you have been cited or arrested for DUI or other criminal charges in
Utah, having an experienced criminal defense attorney on your side can
be critical to a successful outcome for your case. Based in Salt Lake
City, criminal lawyer Stephen Howard offers legal services to clients
throughout Utah. Contact us today to arrange for an initial
confidential consultation.
Fourt Amendment Protections and Suppression of Evidence
Any
time a person is detained against their will by a police officer,
certain
Fourth
Amendment protections are invoked. The simple act
of turning on the red and blue lights or activating the siren and
pulling a driver over can constitute a "seizure" under the Fourth
Amendment. This kind of detention requires, at a minimum,
that
the officer be able to provide a "reasonable, articulable suspicion" of
criminal activity (including traffic violations) as a basis for making
the traffic stop.
If the officer is not able to provide
provide evidence of a "reasonable, articulable" suspicion, a judge may
order the suppression of all evidence obtained as
a result of the traffic stop. This can include physical
evidence, breath test results, statements made by the driver or
witnesses, and more. Evidence that is suppressed cannot
be used against the defendant at trial. As far as the jury should know,
the evidence simply does not exist.
When is the officer required to disclose the reason I was
stopped?
While the officer
may be required to provide an explanation for why you were pulled over,
this is not an argument to get involved with while you are pulled over
on the side of the road. If a motion to suppress is filed with the
court, the prosecutor can be required to present the officer's
testimony and explanation for why you were pulled over. If the judge is
convinced that the officer did not have a proper constitutional basis
for stopping you, then the evidence can be suppressed.
Getting into an argument with a police officer on the side of the road
over why you were pulled over can often lead to even more
trouble. The best place to raise this issue is in court.
Finding a Criminal Defense Attorney

If
you believe you have been stopped by police
without proper justification, you should consult with an experienced
Utah
criminal defense lawyer
immediately. Stephen Howard has successfully defended DUI cases and
many other serious criminal cases during his career. His
track record
includes successful motions to suppress, not guilty verdicts, and
dismissals on some of the most serious criminal charges on the books in
Utah.
Contact us to arrange
for an initial confidential consultation.
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police stop me based just on a hunch?
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police have to show a warrant before entering a home?
Can
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