{"id":11718,"date":"2014-05-25T18:45:50","date_gmt":"2014-05-25T23:45:50","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=11718"},"modified":"2014-07-04T13:13:43","modified_gmt":"2014-07-04T18:13:43","slug":"ca6-passing-the-bac-test-doesnt-mean-the-stop-was-illegal","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=11718","title":{"rendered":"CA6: Passing the BAC test doesn&#8217;t mean the stop was illegal"},"content":{"rendered":"<p>The officer here had probable cause to stop plaintiff for an illegal lane change shown on the dashcam video. Plaintiff smelled of alcohol and there was probable cause for arrest. The fact he passed the BAC test didn\u2019t vitiate the initial probable cause. <a href=\"http:\/\/www.ca6.uscourts.gov\/opinions.pdf\/14a0104p-06.pdf\">Kinlin v. Kline<\/a>, 749 F.3d 573 (6th Cir. 2014).*<\/p>\n<p>The officer\u2019s version of how the stop and search went down is credited because he was \u201ccalm and confident\u201d in testifying, as was defendant, but defendant has an interest in the outcome. United States v. Ward, 2014 U.S. Dist. LEXIS 69076 (M.D. Fla. April 17, 2014), adopted 2014 U.S. Dist. LEXIS 69077 (M.D. Fla.  May 20, 2014).* [Look, so do the cops. Many will say anyhing to arrest a drug offender. If that\u2019s the USMJ\u2019s standard, it would take a serious screw up for the officer\u2019s testimony to not be credited.]<\/p>\n<p>Defendant\u2019s vehicle was not the exact one described and expected, but there was reasonable suspicion as to it anyway, and that justified the stop. <a href=\"http:\/\/www.med.uscourts.gov\/Opinions\/Nivison\/2014\/JCN_04072014_1-11cr205_USA_v_KelvinMally_AFFIRMED_05192014.pdf\">United States v. Mally<\/a>, 2014 U.S. Dist. LEXIS 69145 (D. Maine April 7, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The officer here had probable cause to stop plaintiff for an illegal lane change shown on the dashcam video. Plaintiff smelled of alcohol and there was probable cause for arrest. The fact he passed the BAC test didn\u2019t vitiate the &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=11718\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[20,40,35],"tags":[],"class_list":["post-11718","post","type-post","status-publish","format-standard","hentry","category-probable-cause","category-qualified-immunity","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/11718","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=11718"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/11718\/revisions"}],"predecessor-version":[{"id":12384,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/11718\/revisions\/12384"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=11718"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=11718"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=11718"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}