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Your client is stopped early one morning at 0230 hrs. The officer
claims to hav
Your client is stopped early one morning at 0230 hrs. The officer
claims to have seen him “weaving back-and-forth” in the lane he was
traveling, driving 15 mph under the speed limit, and when he stopped at
stop sign, he stopped 25-30 short of the limit line. The officer said
that when he approached to investigate a possible DUI, he claims to have
observed some white power in a plastic bag at defendant’s feet. Prior
to the preliminary hearing, you search a website run by members of the
defense bar, and discover the officer had repeatedly written many DUI
arrest reports in nearly the same fashion. Those reports had been
challenged in court, and some cases were dismissed. Also, the officer
had been involved in an internal affairs investigation where he was
accused of lying. He is being charged with DUI and possession of
methamphetamine.
* Regarding the search, what is the process for
defense counsel to challenge the legality of stop and the search? You do
not have to prove the stop and search were illegal.
* What else could defense counsel argue regarding the officer’s testimony? Support this with case law.
* Of these, which approach has the highest likelihood of success?
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