Tag Archives: Probable Cause

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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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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Question: What does “reasonable suspicion” and “probable cause” mean for a New Mexico DWI investigation?

Question: What does “reasonable suspicion” and “probable cause” mean in a DWI investigation? And what’s the big deal if I admit to having only drank “a couple” of beers? Before a New Mexico police officer can make contact with a person and conduct a DWI investigation, it is required that the police have “reasonable suspicion.” […]

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