Say What Now? RHOP’s Karen Huger Accuses Police of ‘Illegal Search’ in DUI Case

The Real Housewives of Potomac’s Karen Huger is putting up a fight in her upcoming DUI criminal trial.

Huger accused police officers of an “illegal search” following her car crash that led to her being charged with DUI, In Touch can exclusively report.

According to court documents obtained by In Touch, Karen, 61, asked that prosecutors not be allowed to introduce certain evidence at her upcoming criminal trial.

Back in March, Karen was involved in a car accident while driving her 2017 Maserati in Potomac, Maryland.

The reality star was accused of crossing a median and hitting multiple street signs. The RHOP star was driving alone, and no other cars were involved.

TMZ reported that police said Karen was driving in an aggressive manner and too fast for the conditions. The outlet said Karen’s airbag deployed from the crash. Karen was arrested over the incident and received several citations. Prosecutors charged Karen with driving under the influence, negligently driving a vehicle in a careless and imprudent manner, endangering property, life and person, and various other counts.

The two-day jury trial is scheduled for December.

In her motion, Karen said she was assisted out of her car after the crash by a neighborhood security guard, as well as officer Kyle Baxter and Sergeant Brett Trahan.

She said the three took her to the ambulance to do a wellness check. Karen said she sat in the ambulance for a few minutes but refused further medical treatment. She said her husband arrived at the scene and she exited the ambulance and walked to the curb with him. The reality star’s lawyer said, “After Karen exited the ambulance, Sergeant Trahan grabbed Karen by the arm and told her and her husband that ‘she is not free to leave.’

Karen’s lawyer said the sergeant then started to interrogate Karen by asking “incriminating questions,” such as “Where were you coming from ad where were you going?”

The reality star said she asked the sergeant why he was grilling her. She said he told her “Because you were in an accident and appear to be impaired.” Karen claimed the sergeant then told her, “You are not free to leave.”

In her filing, Karen’s lawyer said Karen answered the sergeant’s questions “in violation of her 4th amendment right and provided answers that couple possibly incriminate her in a trial.”

“As Sergeant Trahan has Karen in custody and is subjecting her to an illegal interrogation, officer Kyle Baxter arrives to assist sergeant Tranhan in the interrogation of Karen,” the motion read. Karen’s lawyer said the officer, in front of Karen, asked his superior “Are we getting anywhere?”

The sergeant allegedly told the officer, “She understands she is not free to leave.” Karen said the officer then questioned her about how much she drank. “The evidence seized in this case was obtained as a result of an illegal search and seizure,” Karen’s lawyer argued.

“The statements taken from the defendant were involuntary and elicited during an illegal custodial interrogation without the observance of mandatory procedural safeguards required by law, specifically the 4th amendment.”

Karen claimed the officers were “aggressive” and she was not read her Miranda warnings. Therefore, she argued the “interrogation was illegal and all statements and police video after her illegal interrogation should be suppressed.” The reality star asked that the entire case be dismissed.

In the alternative, she requested “that the evidence of [her] illegal interrogation and all the subsequent police [body cam] video be suppressed as fruit of the poisonous tree.”

Prosecutors opposed Karen’s request to suppress evidence. They argued the statements and evidence collected were properly obtained.

Their lawyer wrote, “Officers additionally observed the driver of the vehicle, the defendant, unsteady on her feet, swaying, stumbling, and slurring her speech. Furthermore, the initial caller spoke to officers on scene and indicated that prior to police arrival, the defendant appeared confused and the caller smelled alcohol when interacting with the defendant.”

Further, “[Karen’s] statements were not obtained as a result of a custodial interrogation because some of her statements were made while Emergency Medical Services (EMS) personnel were treating the defendant for potential injuries. [Karen’s] statements made during this time were free and voluntary, and were stated out loud while in the presence of police officers. Additionally, statements made after the defendant was examined by EMS personnel were not obtained as a result of a custodial interrogation because [Karen’s] subsequent statements were made while the defendant was temporarily detained pursuant to a traffic stop.”

The judge has yet to rule.

via: In Touch

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