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 »
Tag Archives: reasonable suspicion
Ohio Supreme Court Determines Whether Anonymous Informant Tip Justifies Stop
Sherry Tidwell was backing out of a parking space at a convenience store, and there happened to be a police officer in the parking lot. A man in the doorway of the store yelled to the officer, “Hey, you need to stop that vehicle. That lady is drunk.” The officer watched as Tidwell backed slowly out of the parking space and then drove slowly toward the road. The officer noticed that Tidwell had a blank stare, and the officer was ... Read More »
Cross the Fog Line 1 Time, Expect to be Stopped
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 »