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Old 02-04-12, 01:13 AM
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Originally Posted by Digital_Cowboy View Post
As was pointed out there is a better than good chance that the individual who was riding their bike after a night of drinking was probably weaving or was otherwise unsteady on their bike.
The unusual "weaving" is PC, and cause for the stop. However, it's extremely unwise for the officer to blindly 'assume' the suspect has been drinking prior to the stop, especially if the suspect is holding a straight line, and hasn't violated any laws in the officer's presents - that's clearly not probable cause. And if the accused knows the law, it can potentially lead to a dismissal - a dismissal which will render any additional offenses (such as possession of drugs, etc) inadmissible and thrown-out, simply because the lack of PC.

Last edited by PaPa; 02-04-12 at 01:24 AM.
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