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Traffic stop based on suspicion of an open container

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IndianaNorm

Guest
undefinedWhat is the name of your state? Indiana
I was pulled over by a city policeman because he thought he saw me drink from an open container (brown bottle like a long neck beer). This was at night, in the dark, with me wearing a dark brown sweater. The video tape evidence from his car shows him approaching the drivers side of my car and saying that the reason for the traffice stop was he thought he saw an open container (there was none, never was any, not even a paper cup in the car).
No other traffic violations had occured, not failure to stop completely, use turn signals, etc., only that he suspected an open container violation.
Is this alone probalbe cause for a pullover in Indiana?
 


CdwJava

Senior Member
If he believed he observed an open container of alcohol in the car, that is sufficient probable cause for the stop. That he was in error does not invalidate the probable cause ... though had you been arrested for something it would make the P.C. arguable.

Carl
 

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