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Home > Resources > Right to Stop a Vehicle

Criminal Attorney Denver

Police Officer's Right to Stop a Vehicle

Police Officers in Colorado and in the United States generally are not allowed to stop a driver without cause. The Forth Amendment to the US Constitution grants every citizen the right to be free from unreasonable searches and seizures.

As a practical matter this means that a police officer must have an articulated reason for each and every traffic stop. If an officer stops you for an offense which is not a traffic violation in the state of Colorado, that stop is invalid and all subsequent evidence originating from that stop, including evidence of Driving Under the Influence, must be suppressed and those charges must be dismissed. This includes, among many other examples, stops for violations such as an obstructed rear window, weaving within a lane of traffic without crossing any lane markers, and a single weave on a mountainous road.

If you are not sure why you were stopped by law enforcement you should immediately contact a Denver criminal attorney from Hebets & McCallin to protect your constitutional rights and to fight to keep any DUI conviction off of your record.

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Denver's Express Consent law

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