The 4th Amendment of the U.S. Constitution states: ‘The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures…”
What the 4th Amendment means to you as a driver on Florida’s roadways:
The officer who pulled your vehicle over MUST put forth some explanation to justify why your vehicle was stopped. This explanation MUST include the fact that you committed a traffic violation.
If the officer cannot demonstrate that a traffic infraction was committed by you, we will file a motion to suppress because the officer violated your 4th Amendment rights. If the judge agrees with us, then your entire case will be dismissed because any evidence obtained following the illegal stop is inadmissible.
If the judge denies our motion and believes that the stop was legal and that the officer was correct, then we will move forward in our attack on your case. Most of the DUI case dismissals are a result of this approach.