Shumpert’s lawyer said in court papers that the baller was headed to the Atlanta airport to pick up his father, and his driving didn’t violate state law. Therefore there was no good reason why the cops pulled him over, and the lawyer called the stop “illegal.”
The newlywed said that the cops had no right to search him after pulling him over, and violated his constitutional rights against warrantless arrest, self-incrimination, due process and equal protection under the law, and asked for the judge to dismiss the case.
Shumpert’s lawyer argued that the tests were poorly administered and weren’t performed within the state’s law enforcement guidelines, and the cops never bothered to read him his Miranda rights. Shumpert’s defense also wants anything the father of one said once in custody to be thrown out, as well as the baller’s “heel to toe” and “one leg stand” tests that cops had him take.
“At no time was Defendant informed that his participation in such field sobriety tests was completely voluntary, or that his refusal to attempt such evaluations would neither effect his driving privileges or lead to certain arrest,” Shumpert’s court papers, obtained by BOSSIP, state. “Furthermore, Defendant was not required to take any field sobriety tests under Georgia implied consent law.”
Shumpert’s lawyer declined to comment on the case.
A judge will hear Shumpert’s motion next month.