QUESTION

Does a parked car with fogged windows and movement constitutes reasonable suspicion fourth amendment

Asked on Dec 16th, 2015 on Drug Crimes - Pennsylvania
More details to this question:
Myself and two friends parked outside 24hr public gas station. Driver makes purchase, returns to vehicle. Officer arrives at station to purchase drink, then watches our vehicle for ten minutes while speaking to a customer. Car is running and rear and side windows are fogged due to weather (same as all cars parked). After ten minutes of observation officer sees me moving in rear driver side for 1-2 seconds and approaches the vehicle on foot with a flashlight and knocks on the driver's window. Asks about commotion in back before claiming he smells marijuana, passenger affirms this. Told to shut off vehicle, two more police vehices block ours into parking spot and three more officers surround vehicle and search us individually finding small amount of weed. The officer claims that his reason for the stop was that he suspected an assault based on movement and fogged windows. Was he in the right to make the stop, the evidence for reasonable cause seems very weak will this hold up in court.
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1 ANSWER

Alimony Attorney serving Kennett Square, PA at Baikow Legal
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It's always hard to say whether a stop will hold up in court or not.  Obviously, you have raised some of the points that you would try to argue about whether the stop was proper. Some of this will come down to what was actually going on in the car.  Your description of events is vague-->i.e the office saw you moving in the back seat.   I recommend not posting anymore facts on this site, but instead, calling a lawyer in your area who can advise you further.  
Answered on Dec 26th, 2015 at 8:44 AM

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