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Is there probable cause for a stop?
Anonymous5 views4 answers
Bartender calls police to report intoxicated person in bar, ask that no action be taken at that time however wants to notify police when person drives away. Police take no action at this time and suggest that bartender call them when this person leaves. Later the person leaves the bar, bartender calls the police and advises them this person has left and describes the auto and what direction the auto might be heading as the bartender knows this person. Police wait on side of road for this person to drive by then pulls the person over for "weaving within lane". Police issue DUI based on bartenders complaint. Did the officer have enough "probable cause" to make the stop? I have heard that weaving within your lane is not enough reason for stop however coupled with complaint I am not certain.
Jeffrey J. SzczewskiCriminal Defense AttorneyWaukesha, WI ·
To clarify, an officer only needs "reasonable suspicion" to conduct a traffic stop, not "probable cause." Weaving within one's lane is not a violation, but can help to provide that reasonable suspicion.
I'm wondering about the appropriateness of the police action here. Telling a bartender not to prevent someone from operating while intoxicated, and to actually tell them to call back when the person is leaving, seems really improper to me, and could be open to a legal challenge.
Consult with a local criminal defense lawyer to do a thorough analysis of this issue for you. The police conduct here sounds fishy. A good local criminal defense lawyer should be able to help. Good luck.
Whether a traffic stop is lawful depends upon the totality of the circumstances. A reliable report of impaired operation may be independently sufficient to justify a traffic stop. Weaving within one's lane may also, independent of the tip, justify a traffic stop, depending upon the extent of the weaving.
It will depend on the reliability of the caller and specific factual information given to police, coupled with other factors. A good lawyer can make an argument, you should feel free to consult an attorney in Walworth Co., where I practice as well. The police only need reasonable suspicion.
