Recent Cases Which May Be Helpful In Your Defense Of A Florida DUI

  • State v. Homan: Field Sobriety Tests not allowed to establish probable cause unless done correctly.

  • Knowles v. Iowa: Officers may not search beyond what is necessary for officer safety in a routine traffic stop.

  • People v. Redderson: Consent for a search my not be obtained by coercion, deception, duress, promises, threats, intrusive conduct or undue influence.

  • People v. Carlson: An officer must have probable cause to order a driver to take roadside sobriety tests. Otherwise consent must be voluntary.

  • U.S. v. Lambert: A defendant was seized while agents held his driver's license for 20 minutes.

  • U.S. v. Buchannan: The defendants were seized when the troopers separated them from their vehicle.

  • U.S. v. Mitchell: A defendant retains his priveledge against self-incrimination through sentencing.

  • Florida v. J.L.: A seizure can not be made based on an uncorroborated anonymous tip.

  • People v. Roybal: Odor of alcohol and an unexplained accident are not sufficient for an arrest.

  • U.S. Gastellum: A one-time weave over solid white line on right does not justify a stop.
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