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Old 02-04-12, 02:17 AM
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Originally Posted by PaPa View Post
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.
I can agree with that to a point. Recently down here in the Tampa Bay area we've had the police "staking" out a local hydroponics shop setting up a "surveillance" camera to record license plates and using that as PC to obtain warrants to search their homes or to intimidate their way into the person's home using the old "if you don't have anything to hide you'll let us take a look." Or to obtain their electric statements. Sadly, yes in a very few cases they did find some people growing a small amount of pot. Given that there are a lot of legitimate uses for hydroponic equipment that is harassment.

With the individual being discussed I don't think that it would be "harassment" for local law enforcement to note the time that those who are known to drive/operate vehicles while drunk enter a bar and what time that they leave said bar and/or how many bars that they visit in a given time period. And then stop them and conduct a field sobriety test on them. Particularly if they're driving a car or riding a bicycle. Or if they're walking to arrest them for public intoxication (or whatever the local ordinance(s) may be that covers just being in public while drunk and not operating any type of vehicle). Again particularly if they've been convicted of DUI/DWI in the past/recent past.
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