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Virginia DUI Arrests & Search and Seizure (Part B)

What if a search and seizure was done illegally?

If a search and seizure was done illegally, then an officer has violated your rights. This means that the officer did not have a warrant for the search, and did not have probable cause. Therefore any evidence that was obtained in the search will be deemed inadmissible in court. This also pertains to statements and confessions that were given after the illegal search and seizure. 

This prevents unlawfully seized items from being used as evidence in any criminal proceeding. This means that if your vehicle was searched without probable cause, or without your given consent, then any evidence that was obtained may be deemed inadmissible by a judge.

What if my car is impounded?

If your car is impounded after a Virginia DUI arrest then the police may search your vehicle. They may conduct a thorough search of the interior, the trunk, and any closed containers that they find inside the vehicle. The police must follow standard procedures, but whatever they find may be used as evidence in your Virginia DUI case.

An officer may not, however, impound your car just for the purpose of a search.

My rights were violated by an illegal search and seizure. What should I do now?

If you believe your rights have been violated then you should contact a Virginia DUI attorney immediately. An illegal search and seizure can be a difficult thing to prove. An attorney will listen to your claim, and begin to investigate the facts about your case. If in fact there was evidence obtained through an illegal search and seizure, then this evidence should be dismissed from your Virginia DUI case.

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