Berry Law remains open during COVID-19
Berry Law remains open during COVID-19

The most common constitutional issue that comes up in a DUI case in Omaha is unreasonable search and seizure. It can either be that the search was unconstitutional or the seizure was unconstitutional. Another common constitutional violation in a DUI case is when the officer does not include the defendant’s right to an attorney when reading the Miranda rights.

Constitutional issues in Omaha DUI cases can seriously impact charges. If the police did not have a probable cause to search the defendant, potentially the evidence would be excluded from any case against the defendant. Also, if the defendant was not read his or her Miranda rights, any statement that the defendant makes would potentially not be used against him or her.

If you have any questions about your constitutional rights and how they apply to DUI cases, contact a seasoned attorney today. A dedicated DUI lawyer from the Berry Law Firm could also fight for your rights if yours have been violated.

Protections Under the Fourth Amendment

The Fourth Amendment protects a person from being held by the police and the unreasonable search and seizure of a person without probable cause. The officer has to have a legitimate reason based on law and facts to search or seize the defendant.

If the police officer does not have probable cause, then he or she cannot search the person’s vehicle without consent. It is essential for people to know that they have the right to refuse an officer from searching their vehicle unless the officer has a warrant or probable cause.

If an officer illegally searches a person’s car, then the evidence the officer may have found in the car should not be allowed into discovery.

Fifth and Sixth Amendment Protections

Another one of the constitutional issues in Omaha DUI cases involves the Fifth Amendment. The Fifth Amendment grants people the right to remain silent. This means the person can refuse to answer questions that could incriminate him or her.

The Sixth Amendment gives individuals the right to an attorney. It is crucial for people who have been arrested for a DUI to contact a lawyer right away.

Unreasonable Search and Seizures

As defined by law, search means that the police will check the defendant or go through their property for contraband or anything illegal. Seizure is when the police detain the defendant. An unreasonable search is either a search that does not have a warrant or a search that is not based on probable cause. A warrantless search is a search that the police could do without a warrant if they have probable cause to believe that the defendant has committed or has broken the law.

For searches to be constitutional, officers need to show that they have a warrant or that they have probable cause to believe that the defendant committed an illegal act based on the facts and circumstances presented to the officers.

How Do Omaha Courts Treat Constitutional Issues in DUI Cases?

Omaha courts have to follow the U.S. Supreme Court’s interpretation of the Federal Constitution and the Nebraska’s Supreme Court’s interpretation of the State Constitution when prosecuting DUI charges.

The courts treat constitutional issues in Omaha DUI cases seriously. If there are legitimate constitutional issues that were violated, the courts look into that to make sure that they were not violated. If they were violated, the case may be dismissed.

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