probalbe cause

[tamwham2]

Pulling out of a store parking lot, I was IMMED. pulled over by a cop. He said someone had called saying that I was DRVING intoxicated. I don't know why, yes had two drinks but didn't have any problems driving.
My fst were fine. They arrested me anyway He searched my car without consent and found five sm. pieces of paper with green leafs in my middle console. It is not mine, kids, a contractor have drivin my car the few past wks/months. The police never said anything about it. I found out about in in the police report. I have an attorney, he say I have a good tape, we are going to motion to surpress. Is that the same as Motion in limine?
Hey, did this cop have "probale cause" can just a report from a wacko get me pulled over? There were no moving violations.
Just want an second opinion
thanks

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Yes, most likely probable cause. Your attorney will attack it via: witness unreliable, you were field tested and found to be sober (not legally drunk) and will attempt to attach the drugs to this kid by calling him as a witness (or trying to at least).


As to your questions about motion:


motion
Anglo-French, from Latin motion- motio movement, from movere to move


1: a proposal for action

esp
: a formal proposal made in a legislative assembly
Example: made a {h,1}motion to refer the bill to committee

2 a: an application made to a court or judge to obtain an order, ruling, or direction
Example: a {h,1}motion to arrest judgment

also
: a document containing such an application

b: the initiative of a court to issue an order, ruling, or direction
Example: the court is given discretion to order a pretrial conference either on its own {h,1}motion or at the request of a party -- J. H. Friedenthal et al.


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motion for judgment on the pleadings
: a motion made after pleadings have been entered that requests the court to issue a judgment at that point
(compare summary judgment at judgment § 1a)
Note: Under the Federal Rules of Civil Procedure, if matters outside of the pleadings are presented to the court when a motion for judgment on the pleadings is made, the motion will be treated as a motion for summary judgment.


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motion for more definite statement
: a motion that is filed before an answer and that requests the court to order the plaintiff to clarify allegations in the complaint because the claims are so vague or ambiguous that an answer cannot reasonably be framed


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motion in bar
: a motion that bars an action (as trial or prosecution) (used esp. in Georgia and Illinois)


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motion in limine
[-in-'li-me-ne]

: a usu. pretrial motion that requests the court to issue an interlocutory order which prevents an opposing party from introducing or referring to potentially irrelevant, prejudicial, or otherwise inadmissible evidence until the court has finally ruled on its admissibility


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motion to suppress
: a pretrial motion requesting the court to exclude evidence that was obtained illegally and esp. in violation of Fourth, Fifth, and Sixth Amendment protections