What Is an Unlawful Police Stop?

When officers pull drivers over for suspected DUI or OWI, they are supposed to follow certain rules that are meant to protect drivers' constitutional rights. If these rules are not properly followed, the police stop is considered unlawful. A police stop might become unlawful if the officer did not actually have probable cause to make the stop—or reasonable cause to believe that that the driver was violating the law in any way.

How Do I Know If I Experienced an Unlawful Police Stop in Michigan?

If the officer witnesses the driver run a stop sign, make an improper turn, or swerve in and out of lanes, the officer has enough probable cause to make a traffic stop. The officer may also have probable cause if they’re responding to someone else who reported an allegedly drunk driver. However, there is insufficient probable cause if the officer simply stops someone because the officer had a ‘bad feeling’ about that person or did not observe any bad driving.

Under the Fourth Amendment of the U.S. Constitution, we all have the right to be free of unreasonable search and seizure. Being stopped by an officer without cause is a violation of your Constitutional rights. If your DUI/OWI arrest occurred after an unlawful police stop, then virtually none of the evidence against you was legally obtained—meaning you could get the case thrown out of court. With the help of a Farmington Hills DUI/OWI defense lawyer, you might be able to get your charges dismissed because your arrest occurred unlawfully.

Need Legal Assistance? Contact a DUI Attorney in Farmington Hills Today!

I, Attorney Daniel Hajji, provide criminal defense services for individuals throughout Oakland County. I am dedicated to providing every client with premier legal representation so that they can improve their chances of obtaining positive case results. For nearly two decades, I have helped countless people facing DUI charges get them reduced or even dismissed.

I care about the wellbeing of my clients, and I think about case strategies at all hours. Unlike other attorneys, I like to keep my clients informed on important details of their case, and I explain in detail the different options available for them. I work tirelessly to ensure that your rights are protected. If you believe your police stop was unlawful, contact my firm today! Daniel D. Hajji, Attorney at Law is proud to serve clients in Bloomfield, Troy, Southfield, Rochester Hills, Pontiac, Royal Oak, and Novi.

Call (248) 599-0054 today for a free consultation! I am available 24/7.