{"id":1980,"date":"2008-12-23T17:49:53","date_gmt":"2008-04-11T23:10:33","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-04-12T05:53:27","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1980","title":{"rendered":"Failing only one part of a field sobriety test did not give probable cause to arrest for DUI"},"content":{"rendered":"<p>Failing only one part of a field sobriety test did not give probable cause to arrest for DUI. PBT was suppressed as unreliable evidence. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/7\/2008\/2008-ohio-1672.pdf\">State v. Derov<\/a>, 176 Ohio App. 3d 43, 2008 Ohio 1672, 889 N.E.2d 1057 (7th Dist. 2008).*<\/p>\n<p>Defendant refused to submit to arrest and was fumbling in his pockets making officer fear he had a weapon, was pepper sprayed, and continued to try to walk away from the officer. He then dropped something which was a baggie of drugs that was abandoned. His state constitutional law claim was not presented to the trial court so it was not preserved [not that it would win anyway]. <a href=\"http:\/\/coa.nmcourts.com\/documents\/opinions\/Garcia%20Joshua%20FO.pdf\">State v. Garcia<\/a>, 2008 NMCA 44, 143 N.M. 765, 182 P.3d 146 (2008), certiorari denied, 180 P.3d 1181 (N.M. 2008).*<\/p>\n<p>Stop and frisk was valid because of defendant&#8217;s movements and pulling something black from his wasteband. United States v. Williams, 2008 U.S. Dist. LEXIS 28573 (W.D. Pa. March 24, 2008).*<\/p>\n<p>Officer had reasonable suspicion based on believing defendant was sitting in her car smoking a joint in a high crime area and then speeding off when seeing the officer. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/8\/2008\/2008-ohio-1704.pdf\">State v. Bolling<\/a>, 2008 Ohio 1704, 2008 Ohio App. LEXIS 1469 (8th Dist. April 10, 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=1980\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-1980","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1980","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1980"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1980\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1980"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1980"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1980"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}