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re: Could I have gotten a DUI?

Posted on 6/10/17 at 10:27 am to
Posted by xxGEAUXxx
minneapolis
Member since Dec 2012
1066 posts
Posted on 6/10/17 at 10:27 am to
One question an attorney will always ask is, "What was the reason/infraction that lead to the cop pulling you over". This goes to constitutional rights under 4th and 5th amendment. So I'm sure a good lawyer would get her charged dismissed.

Agree if it's on a persons property. But if the car is located at a bar, gas station, McDonald's, etc. the cop would have a legal reason to be there.

ETA how would that violate the 5th amendment? As well as the 4th?
This post was edited on 6/10/17 at 10:29 am
Posted by tLSU
Member since Oct 2007
8628 posts
Posted on 6/10/17 at 11:05 am to
quote:

One question an attorney will always ask is, "What was the reason/infraction that lead to the cop pulling you over". This goes to constitutional rights under 4th and 5th amendment. So I'm sure a good lawyer would get her charged dismissed. 

Agree if it's on a persons property. But if the car is located at a bar, gas station, McDonald's, etc. the cop would have a legal reason to be there. 

ETA how would that violate the 5th amendment? As well as the 4th?



Well, I was driving my unit down the street and observed a man sitting in his driveway in a running vehicle drinking from a wine glass. Oh, and there were children jumping and falling over the seats.


You are aware that the police can come onto private property if they observe a crime, right?
This post was edited on 6/10/17 at 11:06 am
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