Unlawful Police Stops Serving Families Throughout Jacksonville For Over 25 Years

Unlawful Police Stops in Jacksonville

Put Approximately 100 Years of Combined Experience on Your Side Today

Under the Fourth Amendment of the U.S. Constitution, police must have probable cause to believe there has been a violation of the law to initiate a search. This means that there must be some indication in your driving that you are drunk driving or otherwise breaking the law for the police to validly stop you. Where police have overstepped, a Jacksonville DUI lawyer will move to exclude evidence obtained in the illegal stop. When the court approves the motion, the prosecution usually has no choice but to dismiss the case.

What Is Considered Probable Cause?

For a law enforcement officer to make a lawful police stop, it is vitally important that they have what is known as "probable cause." This simply means that they must have some form of evidence that supports the fact that the driver was breaking the law in some capacity. Contrary to popular belief, officers are not permitted to act on whims whenever they desire.

For example, they can't park outside of bars and wait for a driver to leave. The driver must have exhibited some form of drunkenness before the traffic stop became legal. So what is considered grounds for a traffic stop? Any form of traffic violation, such as speeding, or even a physical issue with the car, such as broken lights. Other grounds for a traffic stop could include body damage to the car, failing to use turn signals, expired license plates or aggressive, unlawful behavior.

Sobriety Checkpoints: Exception to the Rule

As an exception to the rule, police may set up sobriety checkpoints on holidays and special occasions to systematically stop motorists to check for sobriety. The Florida courts have ruled these stops are a valid use of the state power to control drunk driving. That does not mean though that police may stop anyone, anywhere to check sobriety. It must be part of a systematized check where many are stopped routinely. It may not be an isolated instance where a police officer has a hunch you are drunk driving just because you're driving a high performance vehicle or another arbitrary reason.

Unlawful Police Stops

In order for sobriety checkpoints to remain constitutional, law enforcement officials must follow very strict regulations and patterns for stopping cars. For example, police must determine beforehand that they are going to stop every "Nth" vehicle such as every 4th or 5th car. Law enforcement may not stop and question the driver of a vehicle simply because they had a hunch, which is an unfounded suspicion.

Other questions to ask when it comes to DUI checkpoints include: Was the roadblock properly marked? Was a police supervisor at the scene of the checkpoint to approve of how it was being conducted? Did a police supervisor approve of the type and nature of the checkpoint before it was implemented? Was your vehicle detained at length without valid cause?

Continue Reading Read Less

Pick Porter™ for a Free Consultation

We at Jason K.S. Porter, P.A. are strong defenders of our client's rights when police have randomly stopped them without probable cause. We have been serving the Jacksonville, Florida area with DUI defense. As three former prosecuting attorneys with approximately 100 years pf combined legal experience, we have successfully obtained many dismissals or acquittals of charges when police have infringed on our clients' rights with illegal stops.

We urge you to speak with a Jacksonville DUI attorney at the firm as soon after your arrest as possible.

A Guided, Hands-On Approach
Step-by-Step Guidance for Any Legal Matter
A Compassionate Team
Your Story Matters - We're Here to Listen
Extensive Experience
Approximately 100 Years of Combined Legal Experience On Your Side
Award-Winning Counsel
Top-Rated Ethics & Legal Skill – AV Preeminent® Rating
Trusted & Recommended
Trusted by the Media & Recommended by Our Clients
Top-Rated Attorneys
Top-Rated Personal Injury, DUI, & Criminal Defense Lawyer

Hear From Our Happy Clients

Serving Jacksonville, FL Since 2004

"So grateful for the help they gave me"
Jason and his legal team were great in handling my case, I was kept informed of everything that was going and had any and all questions answered.

- Paul Maloney
"When I first spoke to Mr. Watson on the phone, I knew we would be in great hands!"
After our meeting in person, I was absolutely pleased in choosing The Porter Law Firm to represent my Deaf sister in her auto accident injury case!!! We look forward to working with Mr. Watson...who is a very, very kind, respectful, and informative Attorne

- S.N.
"The receptionist was fully informed"
The receptionist was fully informed and took care of the situation for Mr.Porter.

- F.R.
"him and his team have WON EVERY CASE for me"
Best attorney in town him and his team have WON EVERY CASE for me. Jason and his team will fix whatever you may have gotten yourself into. Keep your MOUTH SHUT AND THEN CALL JASON PORTER. YOU WONT REGRET THAT I PROMISE.

- A.H.
"We picked Porter and glad we did!!!"
Jason and his firm came highly recommended by my family member. My son's case would have eventually ended up with negative consequences if not for Jonathan Thatcher. Jonathan was supportive, knowledgeable and kept us informed at all stages of the case. Great firm and appreciate all your hard work in the success of my son's case. I would use this firm again and again.

- Kim J.
"They were very kind and extremely knowledgeable AND patient."
Just wanted to say thank you to Attorney Carlucci and paralegal Ms. Rasulova. They were very kind and extremely knowledgeable AND patient. Hopefully I will not need an Attorney in the future, BUT if I do it will be Pick Porter.

- M
"Excellent attorneys and staff"
My family has worked with Mr. Porter several times over the years. Each of our experiences were different but the outcome was the same. We all had extremely positive results. I have referred many friends and family to Mr. Porter for assistance, and I will continue to highly recommend the firm to anyone in need of legal services.

- Anonymous
"Aggressive and Compassionate. Highly Recommend."
I'd been accused of something I did not do. My situation was a total nightmare. I consulted with Attorney Porter and he assured me that my tough situation could be handled. Attorney Gary Shumar tirelessly worked my case, while showing patience and empathy when I felt frustrated. Needless to say, my charges were dropped. I highly recommend this firm.

- Nikki

Read Reviews

Pick Porter!™ Today

A member of our team will be in touch shortly to confirm your contact details or address questions you may have.

*Motorcycle accident - $2,835,000
$1,502,500 Premises Liability - $1,502,500
Bodily Injury Claim
*Wrongful Death - $1,000,000
Settled *Estate of Fred Fedorka
Largest settlement ever against Volusia County.
*Medical Malpractice - $500,000

View All Results