The downtown area of Miami, known as Brickell, and also referred to as the “Manhattan of the South”, used to be a ghost town after the close of business. However, in the last ten years, the Brickell area has emerged as a booming residential area where approximately 75,000 people make their home. Brickell is an increasingly popular destination due to, among other things, countless restaurants, bars, lounges and nightclubs. With these increasingly popular areas, means an increased amount of law enforcement on patrol. This can lead to violations of your fourth amendment rights to be free from unreasonable searches and seizures when one comes into contact with law enforcement.
For example, oftentimes, law enforcement erect roadside DUI checks points at many street corners and intersections. Several of the checkpoints occur on Biscayne Boulevard. Please be advised that pursuant to your rights under the constitutions of the United States and Florida, you have the right to refuse any and all searches of your person and your vehicle. In addition, you can refuse to perform any and all filed sobriety tests.
The only times where an officer can perform a search of you or your vehicle is if 1) they have probable cause to believe the vehicle contains contraband or the fruits or instrumentalities of a crime; 2) if the driver has been placed under arrest, or 3) if they observe illegal articles in plain view when looking inside the vehicle.
In the event that you find yourself pulled over by law enforcement, please be polite to the officer and indicate that you refuse to speak with them until you have an attorney present in order to assist you. If you have recently been arrested in the Brickell area for a DUI, or any other misdemeanor or felony, please contact the law firm of Hutchison & Tubiana for a telephone consultation.