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Navajo Nation police are required to “Mirandize plus” detainees. How does this apply to DWI?

In general, state constitutions and the federal constitution protect the accused from self-incrimination. In a DWI investigation self-incrimination can take several forms, including answering the following common questions from the investigating police officer: whether one has had anything to drink, where one has been drinking, or where one is driving from and to. Any answer by […]

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New Mexico Court of Appeals Upholds Suppression of Ron Bell DWI Stop

Albuquerque’s celebrity attorney Ron Bell (the guy with the billboards that promises to sue drunk drivers) was recently himself the subject and target of a DWI investigation despite blowing a 0.0 and having prescription Adderall in his blood. In a blow to permitting New Mexico police and prosecutors to arrest and charge DWI when a Defendant is […]

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It’s Illegal for Police to Use Drug Sniffing Dogs in Routine Traffic Stops – SCOTUS

The U.S. Supreme Court issued a 6-3 ruling on April 21, 2015, holding that the police are not permitted to detain a suspect for driving on the shoulder of the road, for even 10 minutes, or otherwise prolong a traffic stop to wait for drug-sniffing dogs to inspect vehicles. “A police stop exceeding the time needed to handle the matter […]

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