QUESTION
Would the break in that happened in the neighborhood constitute a probable cause to pull me over?
Asked on Jul 15th, 2013 on DUI/DWI - California
More details to this question:
I recently pulled over to the side of the street in my neighborhood to read a text message late at night. I was probably stopped for about two minutes when a cop pulled up and lit up his lights. He proceeded to ask me what I was doing when he smelled the odor of alcohol. Long story short I was booked on driving under the influence. When I asked the officer why he engaged me he said there had been break-in in the neighborhood in the last few weeks.
4 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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Maybe. Also, being pulled over late at night gave him grounds to investigate. If he found evidence of a crime, he could investigate further.
Answered on Jul 18th, 2013 at 6:01 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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The most important factor is that the break in happened in 'the last few weeks'. Probable cause has to be based on reasonable articulable facts making it likely that a crime was committed and that the person stopped is the person who committed the crime. There is no way that a two week old break in in the same neighborhood gives a cop reasonable suspicion or probable cause to hassle someone sitting in their parked car. On a side note, you need to fight the DUI. The D in DUI stands for driving and in California that means that there is actual movement of the car. Without that, there is not probable cause to arrest and it is not a lawful arrest because the misdemeanor did not occur in the officer's presence (PC 836). Additionally, to prove that your blood alcohol content was .08% or higher at the time of driving (there's that D again), the cops, prosecutors and lab technicians (who will testi-lie as to your BAC at the time of driving) need to know WHEN you were driving.
Answered on Jul 16th, 2013 at 8:59 PM
Michael J. Breczinski
There was probably enough circumstances to approach you and inquire about what was happening.
Answered on Jul 16th, 2013 at 8:59 PM
Bankruptcy Attorney serving Irvine, CA
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Chambers Law Firm, P.C.
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More facts are needed to answer your question. You might have grouches to challenge your initial detention.
Answered on Jul 16th, 2013 at 8:58 PM