Under the rights afforded by both the Pennsylvania and Federal constitution, the police cannot subject people to unreasonable searches. Pennsylvania recognizes different types of encounters between the police and citizens, including an investigatory search. As recently discussed in a case in which the Pennsylvania Superior Court overturned a DUI conviction if the police conduct an investigatory search of a person without a reasonable justification of the search, any evidence obtained during the search should be suppressed. If you were charged with a Pennsylvania DUI following an investigatory stop, you should consult a skilled DUI defense attorney to discuss what evidence the State may be able to introduce against you.
The Defendant’s Search and Arrest
Reportedly, a police officer was doing a check of local businesses that were closed for the day, looking for suspicious activity. He observed an SUV enter the parking lot of one of the businesses and pull into a parking space. He pulled his patrol vehicle behind the SUV and activated the red and blue cruise lights. When he approached the vehicle, he observed an odor of alcohol on the defendant and detected that she seemed impaired. He called for backup, and when he looked up the defendant’s driver’s license information, learned her license had been suspended due to a DUI. The defendant failed her field sobriety test and underwent chemical testing.
The defendant was subsequently charged with DUI – general impairment, DUI – highest rate of alcohol, and driving while her license was suspended. Prior to the trial, she filed a motion to suppress any evidence that was obtained during the search on the grounds that the search was illegal. Her motion was denied and she was convicted on all counts, after which she appealed.