When “Exceptions” Become the Rule: DUI Searches & the Fourth Amendment | 4th Amendent Friday

Описание: Warrants are required. The Fourth Amendment says so.

But somewhere along the way, courts carved out “exceptions” to the warrant requirement — consent, exigent circumstances, search incident to arrest, the automobile exception, and plain view.

According to the courts, these exceptions are “well-delineated” and “well-guarded.” In theory, they are narrow. In practice — especially in DUI cases — they often look like business as usual.

In this episode of Fourth Amendment Friday, Shelley Behan breaks down:

• What a valid warrant actually requires
• Why warrantless searches are presumptively unreasonable under Katz v. United States
• How consent is supposed to work — and when it isn’t truly voluntary
• Why exigent circumstances require real emergencies (and probable cause)
• What the Supreme Court said in Missouri v. McNeely about DUI blood draws
• The limits of searches incident to arrest under Arizona v. Gant
• Why the automobile exception still requires probable cause
• What “plain view” does — and does NOT — mean

Exceptions were never meant to swallow the rule.

When consent is assumed, exigency is automatic, vehicle searches are routine, and plain view becomes a catch-all — constitutional protections begin to erode.

The real question isn’t whether an exception exists.
The real question is whether a warrant could have been obtained.

Because when the rule disappears, so does the restraint on power.

Stay free. Stay fabulous. Remember your fundamentals.

Hosted by Shelley Behan
Beyond the Breathalyzer – Fourth Amendment Friday

The Behan Law Group, P.L.L.C.
945 N Stone Ave, Tucson, AZ 85705
(520) 220-5047

[www.missduiarizona.com](http://www.missduiarizona.com)

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