The nation’s highest court gave police broad powers to stop vehicles based on anonymous tips in a recent opinion. In the Navarette v. California case, the United States Supreme Court ruled that the police can pull over a vehicle based on an anonymous tip that the driver is intoxicated without observing any traffic violations themselves, […]
4th Amendment
An important decision was just handed down by the United States Supreme Court concerning driving under the influence. In Missouri v. McNeely, the court was asked to decide whether it was unconstitutional to take blood by force without a search warrant. The court held that when a DUI suspect refuses a blood test, the police […]
Every person who was arrested for driving under the influence in Illinois should look back at the traffic stop. The question that must be answered is, why was the defendant pulled over in the first place? A traffic stop is legally a seizure that falls under the 4th Amendment to the United States Constitution. The […]
A forcible blood draw is a rare occurrence in driving under the influence cases in the state of Illinois. It may happen in only one percent of all arrests. In all other cases, police officers follow the procedures for voluntary chemical testing such as administering a breathalyzer. During a forcible blood draw, the police are […]
