If you’ve been stopped, detained, arrested or subject to search by law enforcement, you have the absolute right to contest that stop, detention, arrest and/or search.  The 4th amendment provides that all citizens have the right be free from unreasonable searches and seizures.  Unless the police have a warrant issued by a neutral magistrate (i.e. a judge) they cannot conduct a stop or search a vehicle or residence unless they've observed the commission of a crime (i.e. probable cause.) 

The Law Office of Michael E. Mitchell helps clients fight illegal arrests every day in courts all across the Central Valley.  From Porterville, CA to Merced, CA to Fresno in between, were available to fight defend your Criminal or DUI / DWI (drunk driving) case.  If you are a driver whose been arrested for a Crime or DUI / DWI (driving under the influence) based on a questionable arrest, call the Law Office of Michael E. Mitchell, today at (559) 222-2424. 

If you’ve been stopped for driving under the influence or any crime, you have the right to file a motion in court contesting the nature of the seizure.  Although, there are a plethora of exceptions to the requirement that the police have a warrant, the idea is still the same that the police must observe the commission of a crime. 

In the case of drunk driving, this is usually a vehicle code violation.  Although, recent case-law has allowed police to use an anonymous tip to stop a vehicle for suspicion of DUI, they still must corroborate the tip they’ve received by observing some type of suspicious driving or the tip must indicate that the driver is a serious threat to public safety (People v. Wells, California Supreme Court.) 

Although, more exceptions have been carved out of the fourth amendment than a Thanksgiving turkey, one of the best ways to win a criminal or drunk driving case is to file a motion contesting an illegal police stop or search.  If you've been arrested in Fresno or anywhere else in the Central Valley, based on a questionable police stop, you have the right to fight the illegal detention in a court of law.  Its essential that you consult with an experienced Criminal / DUI Defense attorney in order to explore these issues.

If the court deems the police to have acted with insufficient probable cause or reasonable suspicion, all evidence obtained as a result of the illegal stop or search will be inadmissible in court.  A knowledgeable Criminal / DUI Defense lawyer should diligently explore all possible search and seizure issues in your case with a fine tooth comb. 

Our office has successfully litigated and won several motions based on illegal detentions and has obtained dismissals for our clients.  If you’ve been subject to a vehicle stop or seizure that has resulted in a criminal or DUI arrest or citation, contact the Law Office of Michael E. Mitchell, today to speak with an experienced Criminal and DUI defense attorney.  Our office is located in Fresno and serves the entire Central Valley. We can be reached 24 hours a day, 7 days a week, at (559) 222-2424.

 Michael E. Mitchell is an aggressive Criminal Attorney and DUI / DWI (driving under the influence) Defense Lawyer who defends clients in California's Central Valley and San Joaquin Valley, including Fresno County, Tulare County, Merced County, Madera County, County of Kings, Mariposa County, Fresno, Tulare, Merced, Madera, Kings County, Mariposa, Visalia, Hanford, Dinuba, Los Banos, Selma, Kingsburg, Clovis, Sanger, Reedley, Kerman, Parlier, Coalinga, Firebaugh, Fowler, Mendota, Visalia, Avenal, Corcoran, Lemoore, Porterville, Bass Lake, Shaver Lake, Yosemite National Park, Sequoia National Park.