Mistakes the police make . . . and how they can help you:

Entering someone's home without a warrant or an invitation. Your home is protected under the fourth amendment, and without a warrant or your consent, a Virginia police officer must have probable cause to believe you have committed a crime and exigent circumstances (an emergency) must exist, which justifies the officer entering the home without obtaining a warrant.

Stopping a vehicle solely on the basis of an anonymous call. If an officer stops your vehicle based solely on the report of an anonymous caller it may be an illegal seizure. The U.S. Constitution requires that an officer have a reasonable articulable suspicion that you are violating the law before you can be stopped/seized. The information provided by the anonymous caller may or may not be sufficient to justify the stop of your vehicle.

Stopping a vehicle without a reasonable articulable suspicion. A Virginia police officer cannot stop you on a hunch or just because he thinks you are suspicious. The officer must be able to articulate specific facts which lead to the reasonable suspicion that you are driving under the influence or violating some other law or ordinance. If the officer cannot do so it is an illegal stop/seizure.

Stopping a vehicle for weaving within a lane. The law requires that an officer have a reasonable suspicion that you are violating some law before your vehicle may be stopped. What the officer will describe as weaving within a single lane is not a violation of law and may not provide a sufficient basis for you to be stopped.

Stopping a vehicle based on a mistaken belief that you were violating the law. Officers are responsible for knowing what the law is. If an officer stops your vehicle because he thought what you were doing was illegal when in fact it was not, it is an illegal stop.

Failing to follow the procedures set forth in the Intoxilyzer operation manual. Failure to follow the precise procedures in the operation manual any alcohol testing.

Stopping a vehicle at an improper roadblock. Because roadblocks allow police to stop motorists without the reasonable suspicion, which is normally required, there are specific rules about how roadblocks must be conducted. If police fail to follow these rules the roadblock may be illegal.

Stopping a vehicle just to check the driver's license and registration. The police may not stop you based on a hunch. In order for the police to stop your vehicle they must have a reasonable suspicion that you are violating some law. If not, it is an illegal seizure.

Stopping a vehicle without being able to identify it as the one that actually committed a traffic infraction. Officers must be able to convince the Court that they stopped the right car. If they cannot do so, it may have been an illegal seizure.

Blocking a vehicle's exit without justification. The law says that blocking a vehicle's path is a seizure, just like if the police had pulled you over, and in order to validly do so the police must have a reasonable suspicion that you are violating the law. If the police has blocked the path of your vehicle and the police did not have a reasonable suspicion that you were violating the law, it is an illegal seizure.

Detaining a driver longer than is reasonable to investigate. Officers are constitutionally permitted to briefly detain you in order to investigate a reasonable suspicion that you are involved in criminal activity. However, if detains you for an unreasonable period of time it becomes an unconstitutional seizure and any evidence acquired during the unconstitutional seizure will be suppressed.

Arresting someone for DUI without probable cause: A Virginia police officer must have probable cause to believe that a person is driving under the influence of alcohol, driving with a BAC of .08 or more, or driving under the influence of drugs to a degree that he can not operate the vehicle safely before he can arrest that person for DUI.

Basing an arrest on the statements of the driver alone. The officer must have independent evidence to corroborate these statements. This often arises when he has not seen you in physical control of your car.

© 2000-2004 Barry Sharoff