{"id":4029,"date":"2011-05-02T10:46:19","date_gmt":"2010-04-05T06:12:13","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-04-05T06:12:13","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4029","title":{"rendered":"ID: Glassy and bloodshot eyes RS"},"content":{"rendered":"

Defendant was parked in a park after hours, and an officer approached him to talk to him. The defendant had bloodshot and glassy eyes, and the officer ordered him out of the car. At that point, the encounter became a stop governed by Terry. This was with reasonable suspicion. State v. Grigg<\/a>, 149 Idaho 361, 233 P.3d 1283 (2010), review denied by State v. Grigg, 2010 Ida. LEXIS 135 (Idaho, July 6, 2010):<\/p>\n

Our appellate courts have not decided the issue of whether glassy bloodshot eyes, eye tremors, and reddening of the conjunctiva are enough to establish reasonable suspicion of criminal activity. Generally, cases in Idaho that involve bloodshot eyes as evidence of alcohol or drug use are coupled with some other evidence. … However, bloodshot eyes alone are not enough to establish reasonable suspicion that a crime is being committed. …<\/p>\n

In this case, not only did Grigg have bloodshot eyes, but his eyes were also glassy. In addition, the officer testified that Grigg’s glassy bloodshot eyes were coupled with reddening of the conjunctiva of his eyes and eyelid tremors. The officer further testified that, based on his training and experience, such characteristics indicate that a person is under the influence of a controlled substance. Therefore, based on the totality of the circumstances, the officer had a reasonable and articulable suspicion that Grigg was under the influence of drugs. 2 As a result, it was reasonable for the officer to briefly detain Grigg outside of his vehicle in order to investigate further. Grigg’s encounter with the officer was a reasonable investigative detention under Terry and did not violate the Fourth Amendment. <\/p><\/blockquote>\n

Defendant\u2019s not lying, but none of his testimony can be credited. He says he is not involved in drug sales, but he has too much expensive stuff without a job. Doesn\u2019t make sense. United States v. Glenn, 2007 U.S. Dist. LEXIS 99206 (S.D. Tex. August 20, 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/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-4029","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4029","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=4029"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4029\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4029"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4029"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4029"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}