From the point of view of procedural strategy, we always start with the evidence that is considered most damaging to the client's case and work backwards in search of an exploitable flaw in the trial procedure search and seizure that would make that or those items inadmissible. The further back in the series of events a fatal error can be alleged, the more likely it is that the evidence and any additional material arising from that particular evidence will be excluded. This is the practical analysis of all the times we see or hear about law enforcement agencies claiming that there was some technical element that attracted their attention and suspicion and justifies their impression that there is an ongoing criminal activity. Judges have quite broad discretion. If the evidence is declared inadmissible, the court may, ex officio or on the initiative of the defense, determine that the remaining evidence that the prosecution will present at trial is not sufficient. In short, the prosecution cannot prove that a crime was committed, that the defendant committed the crime, and therefore cannot legally support a conviction. Likewise, at the request of the defense, the court may still determine that, even if the evidence in question is admissible, it does not yet rise to the level of proof of the elements of the crime charged, that the defendant committed the crime, and cannot legally support a conviction. As long as that decision is made before a jury is empaneled, or before the presentation of evidence in a bench trial begins, the court may dismiss without prejudice. In that case the prosecution can come back later with more evidence and re-file charges. However, the charge is still subject to the applicable statute of limitations....... middle of document ......d.). Requirements for a dui checkpoint. Retrieved from http://criminal-law.freeadvice.com/criminal-law/drunk_driving/dui-checkpoint-overview.htm2. Criminal law. (n.d.). What is the officer looking for before and during a DUI arrest? . Retrieved from http://criminal-law.freeadvice.com/criminal-law/drunk_driving/officer_detention.htm3. Frederick, H. (2012, 05 22). Headline surfer. Retrieved from http://nsbnews.net/content/409217-holly-hill-cops-homeowner-grazed-pellet-after-pushing-away-sawed-shotgun-pointed-him-4. Gardner, A. (2010). Introduction to criminal trials. Belmont, CA: Wadsworth.5. Lawyers.com. (2011). Lawyers.com. Retrieved from http://criminal.lawyers.com/traffic-violations/Unlawful-Vehicle-Searches-and-Seizures.html6. The free dictionary. (2008). Retrieved from http://legal-dictionary.thefreedictionary.com/Plain View Doctrine