Broward DUI attorney William Moore believes firmly that his clients should only be searched or frisked when the law clearly permits it. In certain situations, police may not search you without your agreement. A frisk, which is a patdown over your clothing, is allowed in certain situations when your car has been stopped. Broward County DUI Lawyer William Moore educates his clients about their rights in these tough situations.
A police officer may frisk you even if you are not under arrest if he believes that you are armed or dangerous and are involved in a crime in some way. He may not frisk you without a clear reason for his belief.
If you are pulled over for driving under the influence, the police officer may frisk you if he believes it is warranted and can provide a reasonable explanation for his belief that you may be armed or dangerous and have committed a crime (DUI, in this case). During the frisk, he should only be looking for a concealed weapon. The police officer can check for weapons in order to protect himself. According to a recent Supreme Court decision, the officer can also frisk a passenger in your car if he believes that person is armed or dangerous.
Following an arrest, the police may search you more fully in what is known as a search incident to arrest. In that case, you have fewer protections and the police may look for items beyond just concealed weapons, such as drugs or other evidence of illegal activity.
During the traffic stop, the Fort Lauderdale police may ask you to submit to a field sobriety test. Although these tests are not terribly accurate, they may allow the officer to get a sense of whether or not you are intoxicated. For instance, the police may have you walk across a straight line to test your balance during a sobriety test. Of course, you have to get there first. This is not a good way to begin a field sobriety test:
In addition to walking heel-to-toe across a straight line, the police may ask you to stand on one foot or to do other activities. During the test, they will expect you to comprehend and follow directions well. They are also likely to administer a breathalyzer or to take a blood sample in order to get a more precise reading of your blood alcohol content. If you have been arrested for DUI, contact a Broward DUI defense lawyer as soon as possible. Attorney William Moore Criminal Defense will represent you during the entire process, including your driver’s license hearing.
Fort Lauderdale DUI attorney William Moore has represented thousands of DUI defendants. If you have been charged with DUI in south Florida, contact William Moore Criminal Defense, P.A., which has an experienced Fort Lauderdale DUI lawyer with offices in Fort Lauderdale-Dade, Broward, and Fort Lauderdale Counties.
This article should be used for informational purposes only and should not be construed as legal advice nor as implied representation of any person.
Article contributed by Mallory Shipman, Esq.