LEGAL EXCEPTIONS – MOTIONS TO SUPPRESS
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While a motion to suppress pursuant to Penal Code Section 1538.5 is typically the best option to obtain a dismissal absent a jury trial, courts across the United States, including the United States Supreme Court, have established legal “exceptions” to the warrant requirement. These are known as Fourth Amendment Legal Exceptions to the United States Constitution. It is important to understand these exceptions so you can better understand whether they apply to the facts and circumstances of your case.
FOURTH AMENDMENT LEGAL EXCEPTIONS
There are certain exceptions to consider when evaluating the ability to succeed at a Motion to Suppress hearing. An experienced defense attorney will know how to properly evaluate all of the evidence to know best how to proceed in light of these exceptions to the Fourth Amendment of the United States Constitution.
- Emergency Aid Exception
- Community Caretaker Exception
- Anonymous Tipsters – 911 Callers Reporting DUI Drivers
ADDITIONAL FOURTH AMENDMENT LEGAL EXCEPTIONS
Objective Symptoms of Intoxication
Sometimes the driving alone is insufficient to justify a stop and detention, but the “totality of the circumstances” warrants the stop and detention, and there is an exception that permits the stop and detention. As a result, one must consider: