By Webb Law Firm, With Law Offices Near Me in Portland Maine and Saco ME
No other nation except the United States has the Fourth Amendment protections that require a police officer to have information of a crime having been committed before “seizing” a person. When a driver is on the highway, the act of a government law officer seizing that person happens by signaling with emergency lights, using siren or even hand signals, to pull over.
Since the US Supreme Court clarified the issue in 1961, in Mapp v. Ohio, the federal constitutional rule applies to but state and federal officers. Many of the nation’s best criminal cases have been appeals from DUI-OUI arrests made after an officer acted on a hunch, and did not have reasonable suspicion.