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Oklahoma Reasonable Suspicion

The United States Constitution protects all citizens of this country from being subjected to illegal search and seizure. Under the Fourth Amendment, police officers cannot stop citizens at random, but must first establish reasonable suspicion.

Fourth Amendment Rights

The Fourth Amendment of the Constitution establishes reasonable suspicion, that is the concept that law enforcement must have a reason for stopping and investigating a suspect.

In regard to DUI, the concept of reasonable suspicion is twofold. First, the officer must have suspicion to make the initial traffic stop. The officer must then establish reasonable suspicion to begin a DUI investigation.

The Stop

An officer cannot pull you over without reasonable suspicion to do so. He must first witness you violating a traffic law, such as speeding or running a red light. The violation must be something more than weaving slightly within your lane.

The Investigation

After you have been stopped, the officer must have reasonable suspicion before he begins to investigate you for DUI. He must either smell alcohol on your breath, witness open containers in your vehicle or hear you admit that you have been drinking.

If you have been charged with a DUI in Oklahoma and the arresting officer claims that he had reasonable suspicion to arrest you, call the Edge Law Firm immediately. As a board-certified DUI defense attorney, Bruce Edge knows how to contest the evidence that the prosecution claims to have against you. Request your free consultation right away by filling out your information online or calling (877) DUI-EDGE or (918) 582-6333.



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