Arrested for Drunk Driving? Fight it! 810-632-9160
Arrested for Drunk Driving? Fight it! 810-632-9160
Probable cause. The police must have probable cause to stop you, to give you a field sobriety test, and to arrest you.
Probable Cause seems self-explanatory. Did the police have an articular suspicion. The most famous case is
Terry v. Ohio, 392 U.S. 1 (1968) This case sets the standard for probable cause. It is often quoted in many court case.
In Terry v. Ohio, the U.S. Supreme Court established that reasonable suspicion allows police officers to stop and frisk a suspect without probable cause if they have a reasonable belief that the person is involved in criminal activity and may be armed. The Court ruled that this standard balances the state's interest in public safety against individual constitutional rights, allowing for limited interactions based on specific, articulable facts rather than mere hunches. This case set a precedent for the stop-and-frisk practice, which remains a topic of legal and social debate today. quoting Justiça's website. This is a good summary of what Terry means. Closer to home
PEOPLE v. RIZZO Michigan Court of Appeals. Nov 3, 2000. is a Michigan case involving a field sobriety test where the court ruled that the odor of intoxicants is enough to initiate a field sobriety test. This case says that a second Terry standard applies when asking the motorist to step out of the vehicle. Although at this point to standard appears very low it still applies. Odor is enough. Then there is once again a 3rd probable cause for arrest. This is based on the totality of circumstances. This can be a point of litigation. How did the person perform on the field sobriety test, was there a PBT, was there erratic driving, did the officer make mistakes are all questions that can be brought up before the court.
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