Tag Archives: probable cause

Too many drivers believe that drinking “non-alcoholic” beer or wine while driving eliminates any chance of having a difficult experience with a law-enforcement officer.  Unfortunately, this belief may be misplaced. First, if an officer observes the driver drinking what appears to be an “alcoholic” beverage while driving, the driver will likely be stopped and questioned. Generally, a driver’s constitutional rights require that an officer have either reasonable suspicion or probable cause that the driver is committing a crime or about ... Read More »

Issued on the same day (February 11, 2016) as State v. Davis, (See, Cross the Center Line 1 Time, Expect to be Stopped), the Tennessee Supreme Court decided whether crossing the fog line is sufficient reason for an officer to stop the driver and investigate further.  The facts of State v. Linzey Danielle Smith were that the Trooper observed the Defendant crossing over the fog line with the two right wheels of her car and then twice touching it with ... Read More »

In People v. Johnson, a Deputy Sheriff armed with a 911 call describing “a sick or intoxicated motorist” stopped the Appellant for a “wide right hand turn” well outside of his jurisdictional limit. At a Mapp hearing (Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684 [1961]) to determine whether there existed sufficient probable cause for the stop of the vehicle, the Deputy admitted that he did not know the identity of the caller or the basis upon which the ... Read More »