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Posts Tagged ‘evidence’

Seizing And Testing Cigarette Butts For DNA

30 Nov

This scenario has inspired, and been inspired by, a million episodes of CSI. The police think the defendant is guilty of the crime, but they need the defendant’s DNA.  So they follow the defendant and grab a cigarette butt he tosses (or a coffee cup, or whatever) and test it. Continue reading “Seizing And Testing Cigarette Butts For DNA” »

Tags: Drugs, Criminal Cases, DNA test, Criminal Defense Articles, evidence
 
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Posted in Criminal Cases, Criminal Defense Articles, Drugs, Your Rights

 

Can an Unmarked Police Vehicle Pull You Over for a DUI Investigation?

08 Jul

Dyer v. DMV

March 19th, 2009

Yes, in Dyer v. DMV, a uniformed cop in an unmarked police car conducts a traffic stop and notices objective signs of Driving Under the Influence and finds an open alcohol bottle in a vehicle after conducting an inventory search.  The DMV suspends the Defendant’s California Driver’s License after an Administrative Per Se Hearing.  The Defendant appeals contending that the arrest was not legal.  Court reasoned that California Vehicle Code 40800 governs the issue here: Continue reading “Can an Unmarked Police Vehicle Pull You Over for a DUI Investigation?” »

Tags: enforcement, Criminal Defense Articles, DUI, evidence, speed violation, traffic stop
 
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Posted in Criminal Defense Articles, DUI