What if I am pulled over and suspected of driving under the influence?
The Supreme Court of the United States issued one decision today: Barnes v. Felix, No. 23-1239: This criminal procedure case concerns the proper scope of analysis for Fourth Amendment excessive force claims....more
Moore v. Oakland County, Michigan, 126 F.4th 1163 (6th Cir. 2025) - This § 1983 lawsuit was filed against a police officer after a confrontation during a traffic stop in which the plaintiff resisted compliance. Despite the...more
In Colorado, law enforcement conducts DUI and DWAI screenings at temporary traffic stops known as sobriety checkpoints. These checkpoints allow law enforcement to briefly contact and interact with all the drivers...more
In Thomas v. City of Harrisburg, et al., 2023 WL 8461096 (3d Cir. Dec. 6, 2023), the United States Court of Appeals for the Third Circuit recently determined that police officers were not entitled to qualified immunity where...more
Colorado law, as outlined in section 102 of the Colorado Revised Statutes, defines "right-of-way" as the privilege granted to one vehicle operator or pedestrian to proceed in a legal manner over another in situations where...more
A Rhode Island Superior Court judge recently cited the trend of decriminalizing and legalizing marijuana in granting a motion to suppress evidence that was obtained during a 2019 search of a vehicle after a traffic stop....more
On September 3, 2019, a divided panel issued a decision in United States v. Wallace (Winter, Pooler, Abrams, by designation) affirming the district court’s denial of Wallace’s suppression motion as well as Wallace’s 15-year...more
The City of Saginaw, Mich. uses the common technique of “chalking” — marking a parked car’s tire with chalk to track how long it is stationary. If an officer sees the chalk on the tire beyond the amount of time of the parking...more
Officer Matthew Minard of the Taylor, Michigan Police Department pulled over Debra Cruise-Gulyas for speeding. He cut her a break and cited her only for a non-moving violation. A lot of people would’ve been grateful, but...more
On May 14, 2018, the Supreme Court of the United States decided Byrd v. United States, No. 16-1371, holding that under the Fourth Amendment, the driver of a rental car may challenge the search of that car by law enforcement...more
In United States v. Gomez, 16-181-cr (Parker, Wesley, and Droney), the Second Circuit found that the defendant’s Fourth Amendment rights were violated during a five-minute traffic stop because the police officers extended the...more
The Supreme Court of the United States issued decisions in five cases today: RJR Nabisco, Inc. v. European Community, No. 15-138: The European Union and 26 of its members filed an action in District Court against...more
Phoenix business law firm Jaburg Wilk family law and criminal defense attorney Jason B. Castle discusses what happens if one is pulled over and suspected of driving under the influence. For more information visit...more
Overview: Police may not extend a routine traffic stop to give a police dog time to conduct a search for narcotics, the United States Supreme Court held this week. The Court determined that, absent reasonable suspicion,...more
On April 21, 2015, the U.S. Supreme Court decided Rodriguez v. United States, No. 13-9972, holding that, absent reasonable suspicion, the Fourth Amendment prohibits police from prolonging a traffic stop to conduct a dog...more
Officers Had Reasonable Suspicion of Criminal Activity Based Upon the Totality of the Circumstances - Overview: The Supreme Court recently held that peace officers who conducted a traffic stop and searched a vehicle...more