The California Court of Appeal ruled in People v. Jackson that the trial court incorrectly allowed evidence in at trial that the defendant refused to take a preliminary alcohol screening test (PAS). Defendant was arrested and was subsequently on trial for driving under the influence, DUI, in violation of Vehicle…
The California Supreme Court set forth criteria for DUI checkpoints to ensure they are in compliance with the Federal and California’s State Constitution and to minimalize the intrusiveness of the stop in Ingersoll v. Palmer. The following is the last four of the ambiguous guidelines. 5. Time and duration. The…
Sobriety checkpoints or roadblocks were found to not violate the Fourth Amendment’s prohibition against unreasonable searches and seizures in Michigan Department of State Police v. Sitz (1990). The California Supreme Court set forth criteria for checkpoints to ensure they are in compliance with the Federal and California’s State Constitution in…