SeiferFlatow FAQ Friday - what is reasonable suspicion to investigate?

SeiferFlatow FAQ Friday - what is reasonable suspicion to investigate?

www.seiferflatowlaw.com In North Carolina, an officer cant just pull you over for no reason. He has to have reasonable suspicion, which is defined as specific facts that indicate that criminal activity is afoot. For example, if you were involved in a motor vehicle accident or you committed a minor traffic infraction such as speeding or failing to stop at a stop sign, the officer then has the right to pull you over and conduct a further brief investigation. This is how a lot of DWI cases begin. You commit a minor traffic violation and the officer pulls you over. He detects the odor of alcohol so he asks you some questions and your answers lead him to believe that you are impaired. He then has the legal authority to perform a DWI investigation. Certain behavior may or may not give rise to reasonable suspicion. For instance, our Courts have held that weaving within your own lane without crossing into another lane does not in and of itself give rise to reasonable suspicion to stop the vehicle and investigate. A successful legal challenge to the stop on reasonable suspicion grounds means that he didn’t have the legal right to stop your vehicle and therefore, he didn’t have the right to conduct a DWI investigation. The case is thus dismissed.


User: PSM Marketing

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Uploaded: 2014-04-26

Duration: 02:13