Challenging the Officer Hand Off

Katie R. Ochoa

Right now on the podcast Jake discusses just one of the most essential places of DWI Defense simply because of the frequency with which it is utilized by regulation enforcement: the officer hand off. Many DWI investigations begin with a halting officer who has restricted education in DWI. These inexperienced DWI officers will phone for a 2nd officer to appear to the scene to do a DWI investigation and decide if the driver is impaired. These scenarios are often rife with seizure challenges, each in terms of unlawfully prolonging an initially valid quit, and in quite possibly changing the investigation into a de facto arrest requiring possible lead to. If you defend DWI cases in North Carolina today’s episode is a will have to hear.

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Hear to Jake evaluate Rodriguez v. United States in the context of prolonging a targeted visitors stop to conduct a DWI investigation.

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Uncover the situation legislation and reasoning as to why the odor of alcoholic beverages by itself does not give an officer reasonable suspicion to prolong a targeted traffic end.

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Learn when the courts have decided that a de facto arrest has occurred hence necessitating the State to demonstrate that possible trigger for the arrest existed (just before the next officer comes on scene).

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Study why DWI investigatory hand off conditions are so widespread in legislation enforcement and why this is building circumstance exactly where 4th Modification problems are so likely to arise.

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