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What if There Was an Illegal Search and Seizure During my Virginia DUI Arrest?

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If there was an illegal search and seizure during your Virginia DUI arrest, then any evidence that was obtained in that procedure may be dismissed in court. In fact, a search and seizure of your vehicle may be illegal when: 

  • An officer has no probable cause to search your personal property;
  • An officer searches your vehicle without having your consent; or
  • An officer searches your vehicle following a minor traffic infraction. 


If you find that any of these procedures are familiar to your case, then you may want to have your case reviewed by a Virginia DUI attorney.

Without probable cause it is also illegal for an officer to search your: 

  • Clothes
  • Purse
  • Any sealed containers
  • The glove box or trunk of your car 


If any of these circumstances pertain to your case, then there may have been an illegal search and seizure. This means that the evidence obtained in that search and seizure may be deemed inadmissible in court. This includes any confessions you may have made, or statements that you gave.

These basic rights are provided by the Fourth Amendment to the U.S. Constitution. This gives individuals a freedom from intrusion by the government and police.

If you have recently been charged with a Virginia DUI, learn more about your rights concerning the search and seizure of your property during a Virginia DUI by visiting our article library. 

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Bob Battle
100% of my practice is devoted to serious traffic defense and criminal litigation in state and federal courts
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