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General question about bystandard rights

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Archer Troy

Junior Member
Georgia

These are questions Ive just had for years now, and have recieved multiple different answers for them.

1. If you're NOT the driver - and say you've been drinking underage - a cop pulls you over, do they have any right to question you or search you. Also, if the driver says hat you have been drinking, BUT you insist that you havnt, Who's word does the cop take?

2. If someone makes a call about "person A" doing anything illegal (ex. "Person A" sold them marijuana) can the cops take the word of the informant as evidence, or do they HAVE to find some sort of evidence at Person A's residence, car, etc.
 


outonbail

Senior Member
Georgia

These are questions Ive just had for years now, and have recieved multiple different answers for them.

1. If you're NOT the driver - and say you've been drinking underage - a cop pulls you over, do they have any right to question you or search you.
They certainly have the right to question you and request your identification so they can verify your name, address, age etc. As far as searching you, if they feel their safety is threatened or have a reasonable suspicion to believe your armed, they can legally pat you down to check you for weapons. (See Terry v. Ohio)
Also, if the driver says hat you have been drinking, BUT you insist that you havnt, Who's word does the cop take?
They don’t take the word of either one. They rely on their training and observe you. If they suspect your impaired, they can conduct a field sobriety test to confirm their suspicions and take appropriate action from there. If one of you should bring up the fact that the other has been drinking, it may encourage them to investigate further, but they will not be arresting anyone based solely on the statements of the driver or passanger.

2. If someone makes a call about "person A" doing anything illegal (ex. "Person A" sold them marijuana) can the cops take the word of the informant as evidence, or do they HAVE to find some sort of evidence at Person A's residence, car, etc.
Take the word of an informant as evidence for what? To make an arrest? The answer here again, is No. The word of an informant will have to be corroborated, by collecting and documenting additional evidence, through surveillance, video, controlled buys etc. However, the word of an informant can be what starts the ball rolling..
 

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