QUESTION
Can a police officer pull me over for a traffic violation without witnessing it himself?
Asked on May 13th, 2014 on Criminal Law - Utah
More details to this question:
I was recently pulled over by the highway patrol because someone called and said I was swerving. The police officer pulled me over and I received a DWI. At my preliminary hearing the officer got on the stand and testified that he followed me for 2 1/2 miles and did not observe me swerving or breaking any traffic laws but stopped me anyway. Is that probable cause to stop me?
2 ANSWERS
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Randy M. Lish, Attorney at Law
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Yes. The person who called the driving pattern in can be called as a witness.
Answered on May 15th, 2014 at 7:45 PM
1 Award
Yes, the officer can do that. There was a recent United States Supreme Court case about this issue. The Supreme Court said that the officer could stop a person based on someone calling 9-1-1. There may, however, be other ways to win your case. Talk to your lawyer about your options.
Answered on May 15th, 2014 at 7:45 PM