Reader’s Question:
My brother was arrested for DUI sometime last week here in California. We believe that he was arrested at an illegal roadblock. Can the evidence be excluded because of an illegal search? If so, how can the evidence be excluded from the case?
Macey
Anaheim, CA
Motion to suppress could be an extremely valuable tool in your brother’s DUI case. Some potentially harmful evidence could be excluded when a motion to suppress is successful, therefore weakening the prosecutor’s case. Suppressible evidence is evidence secured by illegal means and in bad faith and it cannot be introduced in a criminal trial.
If your brother was arrested for DUI suspicion in Anaheim, California but at an illegal roadblock, the evidence against your brother, including field sobriety tests and chemical tests, may be excluded, even if the evidence shows that he was indeed intoxicated above the legal limit. The evidence could be excluded by filing a motion to suppress. This is a formal and written request to the judge for the evidence be excluded from consideration by the judge or jury at trial. Your brother’s DUI lawyer can certainly look into this and file a complaint that the police procedures in the DUI arrest violated your brother’s Fourth Amendment right to be free from unreasonable searches and seizures.
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