Attacking Probable Cause Evidence in DUI Cases
Over the last 25 years, the Supreme Court has whittled away at the rule in Terry v. Ohio, which requires that officers base their investigatory stops (such as pulling over possibly intoxicated motorists) on “specific, articulable facts.” In 1990, the Justices ruled that officers could use properly set-up roadside checkpoints to pull over motorists simply because they were caught in a dragnet. Michigan Department of State Police v. Sitz basically held that the reasonable suspicion rule was not that important,...
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