Probable Cause

[guit712]

What is the name of your state?Ohio

Does an officer have probable cause to talk to me? At 2:40am my friend was pulled over in her car by an officer on a main street. I drove past the pullover to a driveway that branches to a 24 hour BP Station and a shopping plaza. I stopped my car to see if she was going to be let go. Another police cruiser pulled up to me and the officer got out of the car and asked what I was doing. I said I was waiting on my friend that was pulled over. He asked where I came from and if I had been drinking. I admitted drinking because he could of asked her if I was. I was given the tests and taken down to the station arrested for ovi.
The question: Did the officer have probable cause to approach my vehicle?

 

[I AM ALWAYS LIABLE]

What is the name of your state?Ohio

Does an officer have probable cause to talk to me? At 2:40am my friend was pulled over in her car by an officer on a main street. I drove past the pullover to a driveway that branches to a 24 hour BP Station and a shopping plaza. I stopped my car to see if she was going to be let go. Another police cruiser pulled up to me and the officer got out of the car and asked what I was doing. I said I was waiting on my friend that was pulled over. He asked where I came from and if I had been drinking. I admitted drinking because he could of asked her if I was. I was given the tests and taken down to the station arrested for ovi.
The question: Did the officer have probable cause to approach my vehicle?

My response:

"Approach me."

Yes, he had P.C. because you were loitering.

IAAL

 

[guit712]

Loitering? Pretty weak.

 

[BelizeBreeze]

Loitering? Pretty weak.

2:30 a.m.
Driveway with surrounding businesses, most of them closed.
No legitimate reason to be there.
you were drinking and driving.

There was plenty of PC. Just not plenty of intelligence on your part.

 

[CdwJava]

You stopped ... the officer stopped ... the officer approached your car and asked you a question - all perfectly legal. ANYONE could have stopped and walked up to ask you a question.

Once he engaged you in conversation, if he noted any indication of intoxication or impairment he could ratchet up the encounter from a consensual contact to a detention based on his observations.

- Carl

 

[BigMistakeFl]

BigMistakeFl

You did not have to answer the question about whether you had been drinking. Since you did, that is not evidence against you. Probable cause has a wide sweeping definition for law enforcement. The second cop was the first cop's backup, and you were perceived as a possible threat, whether or not you were. Yeah, things have gotten like that today.

 

[Curt581]

You did not have to answer the question about whether you had been drinking. Since you did, that is not evidence against you.

Yes, it is.

The car was stopped in close proximity to the traffic stop, in the parking lot of a business in which he was obviously not a customer. The driver was appearing to pay an inordinate amount of attention to the other officer's traffic stop. That's reasonable suspicion to talk to him.

As soon as he starts talking, the officer notices a strong odor of an alcoholic beverage on his breath, his eyes are glassy, and his speech is slurred. When the officer asks if he's been drinking, the driver says "Yes". Sounds like an escalation to probable cause to me. Perfectly reasonable under the circumstances.

Probable cause has a wide sweeping definition for law enforcement.

Funny... I thought Probable Cause rules only applied to Law Enforcement.

The second cop was the first cop's backup, and you were perceived as a possible threat, whether or not you were.

Exactly.

Yeah, things have gotten like that today.

Gotten like what?

If anything, search and seizure rulings have become more stringent, not less.

 

[BelizeBreeze]

You did not have to answer the question about whether you had been drinking. Since you did, that is not evidence against you. Probable cause has a wide sweeping definition for law enforcement. The second cop was the first cop's backup, and you were perceived as a possible threat, whether or not you were. Yeah, things have gotten like that today.

I nominate this idiot for a name change...

BigF*inLoser

 

[BigMistakeFl]

BigMistakeFl

The word NOT was supposed to be NOW. Forgive my typo..... that's all it was.

Now relax and take a couple of deep breaths. Don't be such an ass.

 

[guit712]

Thanks to some members

and no thanks to the smart ass answers...belizebreeze you have some real issues to deal with before you advise anyone else...