What Law Applies To My DUI Case?
The individual rights guaranteed in the United States Constitution are federal rights that cannot be restricted by any State. Each individual state does have the authority to expand those rights, however, and can give citizens more protection at their discretion. Thus the federal constitutional rights are a floor, not a ceiling.
Because individual states have the authority to expand on federal rights, the protections regarding searches and seizures could possibly be very different depending on which state you are in.
According to the Supremacy Clause in the U.S. Constitution (Article VI, Clause 2), when a federal law and a state law conflict, the federal law controls. States are required to follow applicable federal laws, and any state legislation or court decision that conflicts with a federal legislation or rulings should not be followed.