The Fourth Amendment to the U.S. Constitution provides in part: "The right of the people to be secure . . . against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but probable cause . . ."

The direct result of this sacred provision of the U.S. Constitution is that all evidence, and "fruit of the poisonous tree" obtained as a result of a Fourth Amendment violation is excluded as evidence - leaving very little, if anything, upon which a DUI prosecution can be based.

his exclusionary rule is applicable in State and Federal Courts, and before the Illinois Department of Motor Vehicles. You can learn more about this important subject right now by calling got DUI attorneys at (877) 235-6908.

In 1996, Justice Scalia in delivering the opinion of the U.S. Supreme Court in the case of Whren v. United States, 517 U.S. 806 (1996)., stated in part:  "Temporary detention of individuals during the stop of an automobile by the police, even if only for a brief period and for a limited purpose, constitutes a "seizure" of "persons". . . "An automobile stop is thus subject to the constitutional imperative that it not be "unreasonable" under the circumstances". "As a general matter, the decision to stop an automobile is reasonable where the police have probable cause to believe that a traffic violation has occurred".

What is Probable Cause?

In defining probable cause in 2003, Chief Justice Rehnquist, in the case of Maryland v. Pringle, 540 U.S. 366 (2003)., wrote in part, "The probable-cause standard is incapable of precise definition or quantification into percentages because it deals with probabilities and depends on the totality of the circumstances . . . We have stated, however, that the substance of all the definitions of probable cause is a reasonable ground for belief of guilt, "and that the belief of guilt must be particularized with respect to the person to be searched or seized."

Search and Seizure

There is tremendous body of U.S. Constitutional Law involved in Illinois DUI and automobile stop and search cases. There are many different fact patterns covered by different leading cases. To learn more, call got DUI attorneys at (877) 235-6908 for more information or email us at info@chicago-dui.com
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