Legal Topics

Criminal law — Driving under influence — Search and seizure — Vehicle stop — Traffic infraction  

Dec 19th, 2023 in by admin

Criminal law — Driving under influence — Search and seizure — Vehicle stop — Traffic infraction — Defendant was lawfully stopped for speeding and lawfully detained until issuance of speeding citation — Continued detention after issuance of citation for purpose of conducting DUI investigation was not lawful — Although testimony that defendant had odor of alcohol was unimpeached, officers’ claims regarding other indicia of impairment were undermined by video from body cameras and by statements indicating that arresting officer’s primary interest was adding another DUI arrest to his record rather than conducting objective investigation — Motion to suppress is granted