Most DUI convictions begin with a traffic stop. Police have many tools at their disposal both to initiate DUI stops in Manhattan and to elicit information once these stops are in progress. However, these tactics are not always legal.
State law enforcement sometimes operates near the edge of legality in traffic stops and searches, but they will lead you to believe everything is standard, by-the-book procedure. When you face a charge based on a traffic stop, it is important to have an experienced DUI attorney review the details of the stop for evidence of police misconduct, which could result in a dismissal instead of a conviction.
The police must have reasonable suspicion of a crime to pull someone over. Kansas Statutes § 22-402 allows police to stop a person in a public place without arresting them when they reasonably suspect the person has committed, is currently committing, or is about to commit a crime.
If an officer in Manhattan reasonably suspects a driver of any crime, or even of a traffic violation, they may conduct a traffic stop to investigate. If police suspect intoxication, they may request the driver participate in field sobriety testing, chemical testing, or both. A driver can refuse chemical testing, but Kan. Stat. § 8-1001 provides that such refusal may result in a one-year license suspension, in addition to other administrative penalties. If the police feel they have probable cause for a driving under the influence arrest, they will likely take the driver into custody.
In some instances, the police conduct traffic stops without reasonable suspicion, such as through use of sobriety checkpoints. These are where the police stop every car, or stop cars based on an established pattern, to check for intoxication. While this may seem to violate the 4th Amendment protection against unreasonable searches and seizures, limited sobriety checkpoints have been approved by the U.S. Supreme Court, and they are permitted under state law.
Sobriety checkpoints are used in Manhattan and all over Riley County to conduct DUI stops. When police pull a driver over, they will engage them in conversation, looking for signs of impairment. If they find impairment, they may form the basis for reasonable suspicion to conduct further testing.
Police encounters can be intimidating, but drivers should remember they have rights that must not be violated. If they are violated, a subsequent conviction may be invalid. First, a driver always has the right to remain silent (with limited exceptions such as to provide identifying information). A driver also has the right to refuse tests, even though this might implicate Kansas’ implied consent law.
Also, police may not detain a driver for longer than it should take to conduct the traffic stop and issue a citation, if applicable. If the purpose of the stop has ended, a driver should ask if they are free to go. If the police ask to search the vehicle, the driver should ask for what purpose, and they are within their rights to withhold consent. The state court has established that the smell of alcohol alone is not sufficient suspicion to conduct a search of the vehicle.
When conducting DUI stops, Manhattan police officers are known to end the encounter, begin to walk away, and then ask if they can search the vehicle. This is an attempt to extend the stop beyond what is legally permissible. Kansas drivers should be aware of this tactic and be prepared to withhold consent and leave the scene when first told they are free to leave.
No one wants to be stopped by the police, and coming under suspicion for a DUI can be particularly stressful. This stress often causes people to forget their rights during police encounters. But just because you did not know your rights were violated does not make it right, and we make it our business to hold officers accountable for illegal DUI stops in Manhattan. If you are facing a DUI charge, we can review the details of your stop for any impropriety. Call today to schedule an initial consultation.
