Recent Cases Which May Be Helpful In Your Defense Of A New York DWI

State v. Homan: 
Field Sobriety Tests not allowed to establish probable cause unless done correctly.

Knowles v. Iowa: 
Officers may not search beyond what is necessary for officer safety in a routine traffic stop.

People v. Redderson: 
Consent for a search my not be obtained by coercion, deception, duress, promises, threats, intrusive conduct or undue influence. 

People v. Carlson: 
An officer must have probable cause to order a driver to take roadside sobriety tests. Otherwise consent must be voluntary. 

U.S. v. Lambert
A defendant was seized while agents held his driver's license for 20 minutes. 

U.S. v. Buchannan: 
The defendants were seized when the troopers separated them from their vehicle. 

U.S. v. Mitchell
A defendant retains his privilege against self-incrimination through sentencing. 

Florida v. J.L.
A seizure can not be made based on an uncorroborated anonymous tip. 

People v. Roybal: 
Odor of alcohol and an unexplained accident are not sufficient for an arrest. 

U.S. Gastellum:
A one-time weave over solid white line on right does not justify a stop.

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