Tag Archives: criminal law

The Fourth Amendment’s strict application often falters when it comes to DUIs, despite lacking a specific exception in the Constitution. Scalia’s Navarette dissent highlights this, as courts routinely treat DUIs with softer scrutiny under the guise of public safety concerns. A Minnesota seminar exposed alarming statistics linking pregnant women to accidents more than cannabis users. Courts’ classification of DUIs as sui generis, denying this classification, is evident in sentencing and plea negotiations, where speculative conduct justifies harsh penalties and trials. The Fourth Amendment’s standards of probable cause, reasonable suspicion, and warrant requirements must remain constant, unaffected by the offense’s social stigma. Continue reading →