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San Francisco DUI Lawyer - Arrest vs. Detention, & Constitutional Requirements
Have you been charged with a DUI San Francisco, DUI Marin, DUI Sonoma or DUI Napa? My name is Paul Burglin and I am a San Francisco Bay area drunk driving attorney who for over 25 years has specialized in drunk driving defense in San Francisco, Marin, Sonoma, Napa and surrounding communities. I am also the co-author of "California Drunk Driving Law".
In this series of blog postings I am going to discuss search and seizure issues related to drunk driving cases. However, the totality of search and seizure law is perhaps as voluminous and complicated as drunk driving (DUI) law.
DETENTION AND ARREST | Seizure of a Person | Arrest vs. Detention, and Constitutional Requirements
"The Fourth Amendment prohibits ‘unreasonable searches and seizures' by the Government, and its protections extend to brief investigatory stops of persons or vehicles that fall short of traditional arrest." United States v. Arvizu (2002) 534 U.S. 266, 273, citing United States v. Cortez (1981) 449 U.S. 411, 417; Terry v. Ohio (1968) 392 U.S. 1, 9.
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