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Recent Cases Which May Be Helpful In Your Defense Of A Louisiana DWI

  1. State v. Homan: Field Sobriety Tests not allowed to establish probable cause unless done correctly.

  2. Knowles v. Iowa: Officers may not search beyond what is necessary for officer safety in a routine traffic stop.

  3. U.S. v. Lambert: A defendant was seized while agents held his driver's license for 20 minutes.

  4. U.S. v. Buchannan: The defendants were seized when the troopers separated them from their vehicle.

  5. U.S. v. Mitchell: A defendant retains his priveledge against self-incrimination through sentencing.

  6. Florida v. J.L.: A seizure can not be made based on an uncorroborated anonymous tip.

  7. State v. Myers: In Myers, the defendant was arrested for driving while impaired and taken to the breath test room in Rowan County where he was read his breath test rights. The defendant asked that his wife be allowed to be present during the administration of the breath test. The officer said that might not be a good idea". The Court of Appeals of North Carolina ruled that he had by that statement discouraged the defendant from exercising his right to a witness. Therefore, the results of that test were inadmissable. I use this case to argue that a officer not completely explaining the rights of the defendant or discouraging a defendant from exercising his constitutional and statutory nights should lead to the suppression of evidence.
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