What are my rights as they pertain to DWI search and seizures?
Under our Constitution, the 4th Amendment was created to ensure that everyone has a reasonable right to privacy. You are protected under the 4th Amendment from searches, seizures and any invasions of privacy that are considered unreasonable. This means that when police stop your motor vehicle, they cannot just start rummaging through your pockets and searching your trunk without any probable cause to do so. Obviously, if you give police permission to search, then it becomes more difficult to suppress any evidence they may have obtained. The question then becomes, did you knowingly, voluntarily waive your rights? Did you agree to the search because you wanted to, or because you were threatened or felt compelled to allow the search? Those are important legal issues to discuss with your attorney. What is probable cause? Probable cause must exist in order for police to legally search you or your vehicle. There are certain exceptions such as the Terry Frisk or the Plain View Rule. Furthermo