Legal Topics

Criminal law — Driving under influence — Search and seizure — Vehicle stop — Obscured tag

Jan 04th, 2022 in News by admin

Criminal law — Driving under influence — Search and seizure — Vehicle stop — Obscured tag — Deputy lacked probable cause to stop vehicle for obscured tag where alphanumeric portion of tag and registration sticker were not obscured and deputy was able to determine tag number and state — Traffic stop based on driver’s license of registered owner of vehicle being suspended was lawful — In light of conflict between deputy’s testimony and body camera video, deputy’s observations of indicia of impairment were insufficient to justify request to submit to field sobriety exercises — Further, where deputy did not advise defendant that refusal to submit to exercises could be used against him in court or subject him to separate prosecution, refusal was not sufficiently probative of consciousness of guilt to be admissible — All evidence obtained after defendant was advised of DUI investigation is suppressed