By Abraham Elmazahi, Esq.Former prosecutor experience helps the firm anticipate how the State may try to justify the beginning of a police encounter. The defense review then focuses on whether reasonable suspicion or probable cause actually existed before the case moved into detention, search, DUI investigation, or arrest. Related guidance: DUI & Criminal Traffic and DUI Stop Issues .
Why the beginning matters
Many criminal cases begin with a traffic stop. The State may rely on an alleged traffic infraction, driving pattern, equipment issue, crash investigation, officer observation, or an automated alert. The defense should examine whether the stop was supported by reasonable suspicion or probable cause, including whether a Flock Safety license plate reader alert was accurately read and properly confirmed.
Detention can become a separate issue
Even when the initial stop is lawful, the length and scope of the detention can create additional constitutional questions. The officer’s authority is not unlimited.
- Review the stated reason for the stop.
- Compare reports against body camera or dash camera.
- Examine when the investigation changed direction.
- Evaluate whether reasonable suspicion supported any extended detention.
Defense value
If the stop or detention was unlawful, evidence obtained afterward may be subject to suppression. That can affect negotiations, leverage, and trial posture.