Search & Seizure in Impaired Driving Adjudication: A Self-Study

This self-study is presented free of charge.

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Days & Times

Estimated duration: 90 – 120 minutes

Course Location

Online

Course Fees

This self-study is presented free of charge.

$0

Online

December 31, 2024

The Fourth Amendment to the United States Constitution guaranteeing individuals the right to be free from unreasonable searches and seizures is the most implicated constitutional protection in impaired driving adjudication. Further, states are permitted to provide greater individual protections beyond those guaranteed by the Fourth Amendment. As a result, issues of search and seizure are typically the most litigated legal challenges raised in impaired driving cases and judges must remain current on the multiple facets of this challenging aspect of the law. This 90–120-minute self-study provides participants with a framework to analyze and answer key questions including the validity of the actions by the police in stopping the vehicle and the actions taken during the stop. The course will explain the Fourth Amendment’s warrant requirement and the relevant warrant exceptions as set forth in the seminal and most recent opinions from the United States Supreme Court and Appellate Courts from the various states. The course will be beneficial for both experienced and less experienced judicial officers as there will be a review of core concepts including the reasonable expectation of privacy, probable cause, reasonable suspicion, the Exclusionary Rule, and exceptions to the warrant requirement in the context of impaired driving adjudication.

Tuition

This self-study is presented free of charge. $0

What will I learn?

During this course, you will learn to:

  • Analyze and apply the Fourth Amendment of the U.S. Constitution and applicable caselaw to impaired driving cases.
  • Evaluate the circumstances under which the police may lawfully stop a motor vehicle.
  • Determine the validity of t actions by the police following a stop of a vehicle.
  • Properly rule on the admissibility of alcohol and drug testing conducted by the police roadside, at the police station or hospital/medical facility.

Faculty: Judge in Residence Earl Penrod

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The Fourth Amendment to the United States Constitution guaranteeing individuals the right to be free from unreasonable searches and seizures is the most implicated constitutional protection in impaired driving adjudication. Further, states are permitted to provide greater individual protections beyond those guaranteed by the Fourth Amendment. As a result, issues of search and seizure are typically the most litigated legal challenges raised in impaired driving cases and judges must remain current on the multiple facets of this challenging aspect of the law. This 90–120-minute self-study provides participants with a framework to analyze and answer key questions including the validity of the actions by the police in stopping the vehicle and the actions taken during the stop. The course will explain the Fourth Amendment’s warrant requirement and the relevant warrant exceptions as set forth in the seminal and most recent opinions from the United States Supreme Court and Appellate Courts from the various states. The course will be beneficial for both experienced and less experienced judicial officers as there will be a review of core concepts including the reasonable expectation of privacy, probable cause, reasonable suspicion, the Exclusionary Rule, and exceptions to the warrant requirement in the context of impaired driving adjudication.

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