Georgia Probable Cause
The Fourth Amendment of the Constitution states that people have the right to be secure from unreasonable searches and seizure. This constitutional protection means that police officers cannot arbitrarily go through your property and possessions without a valid legal basis. This amendment protects our freedom and ensures that our privacy is not invaded.
If you were recently pulled over on suspicion of driving under the influence in Georgia, the law enforcement agent must have probable cause for the stop. The officer must have witnessed you committing a violation. Stopping someone due to race or gender is not probable cause.
Your case may be dismissed if the police officer lacked probable cause for the initial stop. If the officer pulled you over because your taillight was out or other such cause, he or she must witness signs of drunk driving, such as the smell of alcohol, before starting investigation for DUI.
There are different types of probable cause. One type stems from the police officer’s observations. If an officer observes someone doing something illegal, probable cause exists. Additionally, if an officer sees open containers of alcohol in a vehicle, smells alcohol, or hears slurred speech, he or she has probable cause to begin a DUI investigation.
Police officers may also hear information from sources that are considered reliable. A witness, or information from the police scanner may be grounds for probable cause.
Circumstantial evidence may be probable cause to begin an investigation. For example, if you were involved in an accident and fled the scene, a witness may contact the police and describe your vehicle and tag number. While a police officer was not there to observe the accident, he or she still has probable cause to stop you regarding the accident.
Veteran DUI defense attorney Frank Gomez will examine a case to determine if the arresting officer had probable cause before pulling you over and charging you with DUI.
If you are interested in speaking to Atlanta attorney Frank Gomez about your DUI case, fill out our form today.
