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What are Considered Unlawful Police Stops in Missouri?
When facing a DWI charge anywhere in Missouri, one of the most crucial aspects of your defense could be whether the initial police stop was lawful. Unlawful police stops are a common defense strategy used by the skilled Combs Waterkotte defense attorneys to challenge your DWI charges.
You don't have to go through this alone. Contact one of our lawyers today at (314) 900-HELP to protect your future.
If the police didn’t have probable cause to stop your vehicle, they didn’t have cause to test your blood alcohol concentration (BAC) or even arrest you for suspicion of DWI, and your entire case could be dismissed. Additionally, Missouri drivers involved in unlawful police stops could use the Administrative Hearing as a way to get their license back within 15 days. This makes it critical to work with a DWI/DUI defense lawyer who has deep expertise in Missouri’s DWI laws, access to top-tier resources, and a personalized, client-centered approach.
The Combs Waterkotte DWI/DUI legal team has over 40 years of experience and has successfully handled more than 10,000 cases just like yours. No matter the severity of your charges, we are dedicated to delivering the best possible outcome.
In order to lawfully stop a driver, police officers must have reasonable suspicion that a traffic violation or criminal activity is occurring. This means they must observe specific behavior that justifies pulling you over – like speeding, swerving between lanes, or violating traffic signals.
If the officer lacks reasonable suspicion and still initiates a stop, it can be deemed unlawful. This is precisely what the Combs Waterkotte defense attorneys use as a foundation for a strong defense, working to prove the stop was improper and any evidence gathered after the stop – field sobriety tests (FSTs), breathalyzers or blood tests – must be thrown out.
Common Examples of Unlawful Police Stops in Missouri
Unlawful police stops can significantly violate your rights. Here are examples of circumstances that frequently raise questions about the validity of a stop:
- Time & Location: Simply stopping a vehicle because it’s late at night or in a high-crime area does not automatically provide justification. Law enforcement must have specific evidence of a crime or a traffic violation to make the stop valid.
- Driver’s Appearance: Targeting drivers due to racial or ethnic characteristics, like stopping someone solely based on the color of their skin, is unconstitutional and can be legally challenged.
- Vehicle Type or Condition: Pulling over a vehicle based on its appearance, such as its type, condition, or modifications, without clear evidence of a traffic violation or erratic driving behavior, does not provide legitimate grounds for probable cause.
- Subjective Judgments: Police stops based on subjective opinions, such as a driver seeming “nervous,” generally do not establish probable cause unless backed by additional evidence of criminal activity.
- Anonymous Tips: Traffic stops based solely on unverified anonymous tips, without police verifying suspicious behavior through observation, are often not enough to justify the stop.
What You Should Do If Stopped By the Police, Even Unlawfully
If you are stopped by law enforcement anywhere in Missouri:
- Stop the car in a safe place as quickly as possible. Turn off the car, turn on the internal light, open the window part way, and place your hands on the steering wheel.
- Upon request, show your driver’s license, registration, and proof of insurance.
- Refuse any test an officer requests – including field sobriety or chemical tests
- If an officer asks to look inside your car, you can refuse to consent to the search. However, if the officer believes your car contains evidence, your vehicle can be searched without your consent.
- Both you and any passengers have the right to remain silent. Don’t say anything without first speaking with a Combs Waterkotte DWI/DUI defense attorney.
Missouri has a stop-and-identify law, meaning that police can legally stop and ask you to state your name and produce your driver’s license if they have reasonable suspicion that you have violated a law.
Call Combs Waterkotte to Challenge Unlawful Police Stops on DWI Suspicion
If you’ve been arrested for DWI in Missouri after a questionable police stop, don’t leave your future to chance. Reach out to a trusted DWI/DUI defense attorney right now who can help you navigate the complexities of your case and fight for the best possible outcome. Call Combs Waterkotte immediately at (314) 900-HELP or reach out online to schedule a free, confidential consultation with an expert criminal defense attorney.
Learn more about Combs Waterkotte's Missouri DWI/DUI defense and types of cases below:
- Aggravated DWI
- Celebrity and Public Official/High Profile DWI Cases
- DWI With Child Endangerment
- DWI Assault
- DWI Serious Injury
- DWI Resulting in Death
- Open Container Violations
- Boating While Intoxicated
- DWI/DUI
- Hit and Run DWI
- Felony DWI
- CDL DWIs
- DWI First Offense
- DWI Second Offense
- DWI Accidents
- DWI With Drugs
- DWI With Marijuana
