I just got arrested for a few nights ago ... I get pulled over, the cop walks up, asks me for my license, I start to reach for my wallet in my back pocket, but it isn't there. I say 'I'm sorry, give me a minute, my wallet must have fallen.' I fumble around for a minute and then he asks me to get out. He takes me back to his car and cuffs me and says 'Youre not under arrest yet, but I believe youre under the influence of alcohol.' I wasn't at the time at all, I just had drove back from a road trip, it was late at night, but he said I was. He proceeded to search my car and found maybe half a bowl pack worth of bud that had probaly been in my floorboard for a year. Down to the station we go. He breathlyzes me. 0.00. Does it again. 0.00. Again. 0.00. I hadn't drank a drop that night. I still get booked in for DUI and Poessession. I got the paperwork when I left the jail of my breathlyzer. Paperwork says 0.00. I spent time in jail for a charge that makes no sense that he can't prove. I can't wait to have a little chat with my lawyer about this situation tommorrow.
did you let him search your vehicle, or say no? if you said no, there was no probable cause and therefore he had no right to search your car
He didn't ask. Like I said, as soon as I got out the car, he cuffed me and took me back to the car and said I think you're under the influence and then he walked back to my car and proceeded to flip shit around.
pretty sure he has to give you a sobriety test there before taking you downtown. although correct me if i am wrong.
Sounds like it's open and shut in your favor, but keep us updated with what your lawyer says and the outcome! Good luck!
You should have told him "thinking" that you are under the influence of alcohol isn't probable cause to search your vehicle. You should have asked to been given a sobriety test and/or breathalyzer or uncuffed and let go.
I was just so surprised that he assumed I was drunk and took me to the station. The only type of sobriety test he gave me was telling me to follow a pen with my eye at the station. He didn't test me on site at all, just took me in, impounded my car, the whole arrest took about 5 minutes for him to complete.
in some places if you dont lock your car when you get out or leave it open to be searched in any way, then it is assumed you have consented to a search
I have never heard this and am doubting that its true, that would just be ridiculous. Can someone please clarify?