"Reasonable suspision"

Yurt said:
what is even more funny is that legion gave up his argument way back and has now gone back to just trolling.....

but USF....continues....:cof1:
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The fact that legion has returned, in your support, is not only amusing; but really interesting.

Things that make you go hmmmmmmmmmmmmmmm!! :good4u:
 
Ice Dancer said:
Instructive yes, but not the be all end all in what constitutes reasonable suspicion.
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correct....but....what does it say about the odor of alcohol? that part has been defined...you need a "strong" smell.....hence, why florida attorneys make motions based upon a small or light smell of alcohol alone as not being enough for reasonable suspicion.....in fact, if USF actually read the case i cited, it finds in favor of the police officer because there was not just the odor of alcohol, but red shot eyes etc....

that is the issue USF is having....he wanted authority from me, i gave it, yet he refuses to accept it. don't you think that is childish?
 
Yurt said:
correct....but....what does it say about the odor of alcohol? that part has been defined...you need a "strong" smell.....hence, why florida attorneys make motions based upon a small or light smell of alcohol alone as not being enough for reasonable suspicion.....in fact, if USF actually read the case i cited, it finds in favor of the police officer because there was not just the odor of alcohol, but red shot eyes etc....

that is the issue USF is having....he wanted authority from me, i gave it, yet he refuses to accept it. don't you think that is childish?
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You're begging; AGAIN.

Have you found the Florida DUI statuate yet?
 
Yurt said:
correct....but....what does it say about the odor of alcohol? that part has been defined...you need a "strong" smell.....hence, why florida attorneys make motions based upon a small or light smell of alcohol alone as not being enough for reasonable suspicion.....in fact, if USF actually read the case i cited, it finds in favor of the police officer because there was not just the odor of alcohol, but red shot eyes etc....

that is the issue USF is having....he wanted authority from me, i gave it, yet he refuses to accept it. don't you think that is childish?
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The point you make though neglects that the officer's opinion of what constitues strong smell is subjective...

Cops know drunks when they pull them over. I have a lot of cop friends who tell stories. The bottom line is that when a cop suspects you are under the influence he begins the proccess of a field sobriety. Proving the cop wrong is what a good DUI attorney attempts to do. They tend to have pretty good track records for first timer's ...after that it all comes down to making deals. Cops know their job and usually follow some pretty standard procedures.

The hair you both are splitting seems silly...perhaps you just go at each other with your feathers already ruffled and therin lies the trouble?
 
Dixie said:
That's what I said, dumbass! And yes, you have been repeatedly trying to make the argument that a LEO has to "prove" something in order to take action. A prosecutor has to "prove" the charges in court, the police officer simply has to have reasonable suspicion and that often gives him the probable cause to make an arrest.

And I don't care that you don't care what I think.
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you are lying, again! I never said a cop had to prove anything.
 
Ice Dancer said:
The point you make though neglects that the officer's opinion of what constitues strong smell is subjective...

Cops know drunks when they pull them over. I have a lot of cop friends who tell stories. The bottom line is that when a cop suspects you are under the influence he begins the proccess of a field sobriety. Proving the cop wrong is what a good DUI attorney attempts to do. They tend to have pretty good track records for first timer's ...after that it all comes down to making deals. Cops know their job and usually follow some pretty standard procedures.

The hair you both are splitting seems silly...perhaps you just go at each other with your feathers already ruffled and therin lies the trouble?
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By the way, I suggest that no one take the field sobriety tests that the Officer asks you to take.
All this will do is provide more evidence that will be used against you, even if you aren't quilty.
If you're arrested and taken to booking, then you'll have to decide whether you want to take the test there; because failure to do so can carry a hefty penalty.
At no time are you required to say where you were headed, where you came from, if you've been drinking (or doing anything else), or how much.

ANYTHING YOU SAY, CAN AND WILL BE USED AGAINST YOU IN A COURT OF LAW.
 
Ice Dancer said:
The point you make though neglects that the officer's opinion of what constitues strong smell is subjective...

Cops know drunks when they pull them over. I have a lot of cop friends who tell stories. The bottom line is that when a cop suspects you are under the influence he begins the proccess of a field sobriety. Proving the cop wrong is what a good DUI attorney attempts to do. They tend to have pretty good track records for first timer's ...after that it all comes down to making deals. Cops know their job and usually follow some pretty standard procedures.

The hair you both are splitting seems silly...perhaps you just go at each other with your feathers already ruffled and therin lies the trouble?
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quite wrong....in fact my point expressly deals with the officer's opinion of how strong or weak the alcohol smelled. that is where i came into this discussion. jarod claimed a weak smell not enough, usf claimed any smell was enough.

the officer is entitled to his opinion, however, his reasonable suspicion "opinion" must be backed up by certain threshholds....else, under florida law he cannnot give a field sobriety test. that is what the case i cited talks about. it isn't just breath alone, it is other factors.....the florida supreme court is describing what can constitute reasonable suspicion in order to conduct a field sobriety test which if that test fails, that gives probable cause to arrest.
 
Yurt said:
quite wrong....in fact my point expressly deals with the officer's opinion of how strong or weak the alcohol smelled. that is where i came into this discussion. jarod claimed a weak smell not enough, usf claimed any smell was enough.

the officer is entitled to his opinion, however, his reasonable suspicion "opinion" must be backed up by certain threshholds....else, under florida law he cannnot give a field sobriety test. that is what the case i cited talks about. it isn't just breath alone, it is other factors.....the florida supreme court is describing what can constitute reasonable suspicion in order to conduct a field sobriety test which if that test fails, that gives probable cause to arrest.
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That's why I said they "begin" the process yurt. They ask questions about where you been; get a light in your eyes if its dark...etc. It takes about 2 minutes max for an experienced cop to know.

Cops know how to conduct suspicious DUI. The "strong smell" is subjective.
 
Yurt said:
quite wrong....in fact my point expressly deals with the officer's opinion of how strong or weak the alcohol smelled. that is where i came into this discussion. jarod claimed a weak smell not enough, usf claimed any smell was enough.

the officer is entitled to his opinion, however, his reasonable suspicion "opinion" must be backed up by certain threshholds....else, under florida law he cannnot give a field sobriety test. that is what the case i cited talks about. it isn't just breath alone, it is other factors.....the florida supreme court is describing what can constitute reasonable suspicion in order to conduct a field sobriety test which if that test fails, that gives probable cause to arrest.
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In the state of Florida, a driver can be arrested for driving under the influence (DUI) for one of two reasons. A driver who is driving as though impaired and has alcohol or drugs in his or her system can be arrested for a Florida DUI. It does not matter how much alcohol or drugs are in a driver's system for this type of arrest.

Drivers can also be booked for a Florida DUI based on their blood or breath alcohol levels (BAL). A Florida driver's blood alcohol must be lower than .08%. Any BAL test that comes back as .08% or above is considered a DUI, even if the driver's actions did not appear to be impaired.
 
Ice Dancer said:
That's why I said they "begin" the process yurt. They ask questions about where you been; get a light in your eyes if its dark...etc. It takes about 2 minutes max for an experienced cop to know.

Cops know how to conduct suspicious DUI. The "strong smell" is subjective.
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yes or no

does the faint smell of alcohol alone....give reasonable suspicion to conduct a field sobriety test?
 
Yurt said:
yes or no

does the faint smell of alcohol alone....give reasonable suspicion to conduct a field sobriety test?
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I don't know of any cop that would ever attempt a field sobriety test immediately upon a "faint smell", so no. That said I get where Dix was coming from...any smell of alcohol is going to make a cop suspicious in a stop yurt; this leads to my earlier statment that in no more than 2 minutes a cop will either deduce the guys drunk or not.
 
Ice Dancer said:
I don't know of any cop that would ever attempt a field sobriety test immediately upon a "faint smell", so no. That said I get where Dix was coming from...any smell of alcohol is going to make a cop suspicious in a stop yurt; this leads to my earlier statment that in no more than 2 minutes a cop will either deduce the guys drunk or not.
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thank you, thats all i needed and as much as jarod is wrong about things...he is right on with this one....

why not just admit usf is wrong? i cited case law, yet i haven't seen you call him out on his assertion that what i cited was not law. he keeps hounding the statute.....why don't you call him out on that?
 
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