"Reasonable suspision"

[Cancel 2018. 3]

Same challange.
Post the info.

its in motions to suppress evidence....

2. The detention without reasonable suspicion was unlawful and the subsequent roadside physical sobriety test should be suppressed. In the facts of this case, where there is "a little bit of" odor of alcohol alone, and no other signs of intoxication or impairment, there is no reasonable suspicion for detention or to conduct a criminal traffic investigation including roadside physical sobriety test.

http://www.1800dialdui.com/CM/FieldSobrietyTest/FieldSobrietyTestFlorida.asp

 

[Minister of Truth]

This should be interesting...

 

[Cancel 2018. 3]

BS.

The Fourth Amendment to the U.S. Constitution provides in part: "The right of the people to be secure . . . against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but probable cause . . ."

The direct result of this sacred provision of the U.S. Constitution is that all evidence, and "fruit of the poisonous tree" obtained as a result of a Fourth Amendment violation is excluded as evidence - leaving very little, if anything, upon which a DUI prosecution can be based.

This exclusionary rule is applicable in State and Federal Courts. That includes Arizona coyrts, dumbass.

you're a moron...jarod is speaking solely to RS as to DUI's....

 

[USFREEDOM911]

I spent three years prosecuting DUI's here in Palm BEach County, I dont knwo of a web cite that proves it, I know the law.

So basically, you have Beeeeeeeeeeeeeeeeeeeee Ssssssssssssssssssss.

All you have to do is post the law that states that the odor of alcohol is not a viable reason for a person to be arrested for a DUI.

 

[USFREEDOM911]

its in motions to suppress evidence....

2. The detention without reasonable suspicion was unlawful and the subsequent roadside physical sobriety test should be suppressed. In the facts of this case, where there is "a little bit of" odor of alcohol alone, and no other signs of intoxication or impairment, there is no reasonable suspicion for detention or to conduct a criminal traffic investigation including roadside physical sobriety test.

http://www.1800dialdui.com/CM/FieldSobrietyTest/FieldSobrietyTestFlorida.asp

HA HA HA HA HA HA HA HA HA HA

We were talking about a DUI arrest, not a conviction; ie: SUSPICION!
DUI's have been dismissed, for any number of reasons.

 

[El Cabong]

He can't spell worth shit, how can he say he knows the law?

Florida has an implied consent law, which provides that anyone who drives on Florida roads - even with an out-of-state driver's license - has automatically agreed to submit evidence to the police if necessary to determine sobriety.

Usually that means a breath test, but the police can also check your blood or urine, especially if they believe you are under the influence of drugs.

In 2005, the federal Department of Transportation reported that Florida had the highest breath test refusal rate in the country at 37%.

Refusing to submit to a breath test will have consequences. If you are prosecuted for DUI, the state can use your refusal against you.

The first time you refuse is not a criminal offense, but the Florida Department of Highway Safety and Motor Vehicles will suspend your driver's license for one year. Appeals must be filed within 10 days of refusal.

After 90 days, you may be eligible for a hardship license to drive to your place of work. You will have to complete a class on substance abuse and driving.

If you refuse a breath test on two or more separate occasions, the DMV will suspend your license for 18 months and you will not be eligible for a hardship license during that period.

As with the first offense, you can appeal the DMV decision within 10 days of your driver's license suspension.

Additionally, if you refuse a breath test two or more times, the refusal is a criminal offense itself, separate from a DUI.

Even if you refuse a breathalyzer, the prosecutor may still be able to prove your intoxication based on other factors.

Declining to take the breath test is not a get-out-of-jail free card.

For example, police officers and other witnesses might testify about behavior, slurred speech, the smell of alcohol, and field sobriety tests.

If you submit to blood and urine tests, those can also show intoxication, including detection of a variety of substances other than alcohol.

See the Florida Department of Highway Safety and Motor Vehicles DUI page for details. If you submit to a breath test and blow over the legal limit of 0.08 your license will only be suspended for 180 days to one year following your first offense, but you will also be subjected to criminal penalties if you are convicted of DUI.

 

[Cancel 2018. 3]

HA HA HA HA HA HA HA HA HA HA

We were talking about a DUI arrest, not a conviction; ie: SUSPICION!
DUI's have been dismissed, for any number of reasons.

oh great....they can arrest you for anything they want...tell me something i don't know

one would think the important matter would be the conviction, just sayin

 

[Cancel 2018. 3]

He can't spell worth shit, how can he say he knows the law?

Florida has an implied consent law, which provides that anyone who drives on Florida roads - even with an out-of-state driver's license - has automatically agreed to submit evidence to the police if necessary to determine sobriety.

Usually that means a breath test, but the police can also check your blood or urine, especially if they believe you are under the influence of drugs.

In 2005, the federal Department of Transportation reported that Florida had the highest breath test refusal rate in the country at 37%.

Refusing to submit to a breath test will have consequences. If you are prosecuted for DUI, the state can use your refusal against you.

The first time you refuse is not a criminal offense, but the Florida Department of Highway Safety and Motor Vehicles will suspend your driver's license for one year. Appeals must be filed within 10 days of refusal.

After 90 days, you may be eligible for a hardship license to drive to your place of work. You will have to complete a class on substance abuse and driving.

If you refuse a breath test on two or more separate occasions, the DMV will suspend your license for 18 months and you will not be eligible for a hardship license during that period.

As with the first offense, you can appeal the DMV decision within 10 days of your driver's license suspension.

Additionally, if you refuse a breath test two or more times, the refusal is a criminal offense itself, separate from a DUI.

Even if you refuse a breathalyzer, the prosecutor may still be able to prove your intoxication based on other factors.

Declining to take the breath test is not a get-out-of-jail free card.

For example, police officers and other witnesses might testify about behavior, slurred speech, the smell of alcohol, and field sobriety tests.

If you submit to blood and urine tests, those can also show intoxication, including detection of a variety of substances other than alcohol.

See the Florida Department of Highway Safety and Motor Vehicles DUI page for details. If you submit to a breath test and blow over the legal limit of 0.08 your license will only be suspended for 180 days to one year following your first offense, but you will also be subjected to criminal penalties if you are convicted of DUI.

hey marbles for brains....you can get the test results thrown out if there is no reasonable suspicion for the officer to conduct the test....

why are afraid to tell us your trolls over at usmb? you steal my avi, and then cowardly get rid of it as you inadvertantly just admitted you have trolls all over the place...lmao...loser

 

[Jarod]

BS.

The Fourth Amendment to the U.S. Constitution provides in part: "The right of the people to be secure . . . against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but probable cause . . ."

The direct result of this sacred provision of the U.S. Constitution is that all evidence, and "fruit of the poisonous tree" obtained as a result of a Fourth Amendment violation is excluded as evidence - leaving very little, if anything, upon which a DUI prosecution can be based.

This exclusionary rule is applicable in State and Federal Courts. That includes Arizona coyrts, dumbass.

Ok, its not BS.

You are correct about the other paragraphs.

The typical DUI is several factors leading to "RS". Those factors are usually odor of alch, flush face, bloodshot eyes, slurred speach, trouble comprehending the officers requests and difficulty finding your DL. The officers are coached very well on the law and these claims are almost all universal.

 

[Jarod]

So basically, you have Beeeeeeeeeeeeeeeeeeeee Ssssssssssssssssssss.

All you have to do is post the law that states that the odor of alcohol is not a viable reason for a person to be arrested for a DUI.

Odor alone is not. It might be a fator. I know of no webcite that syas that.

 

[Cancel 2018. 3]

So basically, you have Beeeeeeeeeeeeeeeeeeeee Ssssssssssssssssssss.

All you have to do is post the law that states that the odor of alcohol is not a viable reason for a person to be arrested for a DUI.

2. The detention without reasonable suspicion was unlawful and the subsequent roadside physical sobriety test should be suppressed. In the facts of this case, where there is "a little bit of" odor of alcohol alone, and no other signs of intoxication or impairment, there is no reasonable suspicion for detention or to conduct a criminal traffic investigation including roadside physical sobriety test.

why would this lawyer have this clause on his website if it wasn't true? in fact, it is so common an argument that he basically posted his pre made motion that is no doubt made by numerous attorneys all over florida....why would they make the motion?

 

[Jarod]

He can't spell worth shit, how can he say he knows the law?

Florida has an implied consent law, which provides that anyone who drives on Florida roads - even with an out-of-state driver's license - has automatically agreed to submit evidence to the police if necessary to determine sobriety.

Usually that means a breath test, but the police can also check your blood or urine, especially if they believe you are under the influence of drugs.

In 2005, the federal Department of Transportation reported that Florida had the highest breath test refusal rate in the country at 37%.

Refusing to submit to a breath test will have consequences. If you are prosecuted for DUI, the state can use your refusal against you.

The first time you refuse is not a criminal offense, but the Florida Department of Highway Safety and Motor Vehicles will suspend your driver's license for one year. Appeals must be filed within 10 days of refusal.

After 90 days, you may be eligible for a hardship license to drive to your place of work. You will have to complete a class on substance abuse and driving.

If you refuse a breath test on two or more separate occasions, the DMV will suspend your license for 18 months and you will not be eligible for a hardship license during that period.

As with the first offense, you can appeal the DMV decision within 10 days of your driver's license suspension.

Additionally, if you refuse a breath test two or more times, the refusal is a criminal offense itself, separate from a DUI.

Even if you refuse a breathalyzer, the prosecutor may still be able to prove your intoxication based on other factors.

Declining to take the breath test is not a get-out-of-jail free card.

For example, police officers and other witnesses might testify about behavior, slurred speech, the smell of alcohol, and field sobriety tests.

If you submit to blood and urine tests, those can also show intoxication, including detection of a variety of substances other than alcohol.

See the Florida Department of Highway Safety and Motor Vehicles DUI page for details. If you submit to a breath test and blow over the legal limit of 0.08 your license will only be suspended for 180 days to one year following your first offense, but you will also be subjected to criminal penalties if you are convicted of DUI.

Florida's implied consent law requires that an officer have "RS" prior to asking you to submit to a breathalizer.

If you fail to provide a breath sample after being asked, and the officer had RS, your liscence can be suspended for 12 months for a 1st refusal and 18 months for a second.

 

[Jarod]

2. The detention without reasonable suspicion was unlawful and the subsequent roadside physical sobriety test should be suppressed. In the facts of this case, where there is "a little bit of" odor of alcohol alone, and no other signs of intoxication or impairment, there is no reasonable suspicion for detention or to conduct a criminal traffic investigation including roadside physical sobriety test.

why would this lawyer have this clause on his website if it wasn't true? in fact, it is so common an argument that he basically posted his pre made motion that is no doubt made by numerous attorneys all over florida....why would they make the motion?

CORRECT......

 

[USFREEDOM911]

oh great....they can arrest you for anything they want...tell me something i don't know

one would think the important matter would be the conviction, just sayin

This was the post that Dixie made:

YES, smelling booze on your breath, while driving, is "reasonable suspicion" for any officer to have probable cause to believe that you might be intoxicated while driving. This does not mean that you are GUILTY of the violation, the officer does not have to prove your guilt!

And you immediately equated that with a conviction and posted this:

Paragraph 1 - Try taking that into a Florida Court and argueing that, you would LOOSE.

This entire exchange has been me keeping it on the subject of being arrested on suspicion.
You were being so thick headed and had such a desire to win, that you couldn't bring yourself to admit that Dixie and I were correct.

In the State of Florida; you can be arrested on suspicion of a DUI, if the arresting Officer smells alcohol on you.

Now, if you want to address conviction; I suggest that you start a thread on it.

 

[El Cabong]

2. The detention without reasonable suspicion was unlawful and the subsequent roadside physical sobriety test should be suppressed. In the facts of this case, where there is "a little bit of" odor of alcohol alone, and no other signs of intoxication or impairment, there is no reasonable suspicion for detention or to conduct a criminal traffic investigation including roadside physical sobriety test.

why would this lawyer have this clause on his website if it wasn't true? in fact, it is so common an argument that he basically posted his pre made motion that is no doubt made by numerous attorneys all over florida....why would they make the motion?

Reasonable suspicion derives from the complete set of circumstances that law enforcement personnel encounter.

The Fourth Amendment's right of the people to be free from unreasonable searches and seizures pertains to law enforcement's ability to detain, question, or frisk a suspect.

A police officer must have more than a hunch. The standard is that a reasonable person looking at all the evidence believes that it is likely that the suspect has committed, or will soon commit, a crime.

What does this mean in practical terms?

Here are a few examples. A person could be briefly detained and questioned by police if she/he: matches the physical description of a suspect; is driving the same make and color car that was involved in a crime; is seen running from the vicinity of a crime; is walking down the street with a handgun; or is seen on a surveillance camera leaving a store just after goods were stolen.

Many rules exist that complicate the matter, particularly related to frisking of a suspect, since frisking constitutes such an extreme invasion of privacy. For example, police may frisk a person whose clothing shows bulges that look like hidden weapons.

They may not, however, frisk people for the mere suspicion of possessing drugs.

The detention and questioning of suspects has become known as a Terry Stop, because of the Supreme Court's ruling in Terry v. Ohio (1968), in which the Court laid down the principles of reasonable suspicion.

The key thing to keep in mind is that each situation is different.

 

[USFREEDOM911]

hey marbles for brains....you can get the test results thrown out if there is no reasonable suspicion for the officer to conduct the test....

why are afraid to tell us your trolls over at usmb? you steal my avi, and then cowardly get rid of it as you inadvertantly just admitted you have trolls all over the place...lmao...loser

By resonable suspicion, are you referring to the odor of alcohol on your breath??

 

[Cancel 2018. 3]

This was the post that Dixie made:


And you immediately equated that with a conviction and posted this:


This entire exchange has been me keeping it on the subject of being arrested on suspicion.
You were being so thick headed and had such a desire to win, that you couldn't bring yourself to admit that Dixie and I were correct.

In the State of Florida; you can be arrested on suspicion of a DUI, if the arresting Officer smells alcohol on you.

Now, if you want to address conviction; I suggest that you start a thread on it.

you're a tool....if you want to "win" by having the arrest thrown out....go for it

you "win"

 

[Cancel 2018. 3]

Reasonable suspicion derives from the complete set of circumstances that law enforcement personnel encounter.

The Fourth Amendment's right of the people to be free from unreasonable searches and seizures pertains to law enforcement's ability to detain, question, or frisk a suspect.

A police officer must have more than a hunch. The standard is that a reasonable person looking at all the evidence believes that it is likely that the suspect has committed, or will soon commit, a crime.

What does this mean in practical terms?

Here are a few examples. A person could be briefly detained and questioned by police if she/he: matches the physical description of a suspect; is driving the same make and color car that was involved in a crime; is seen running from the vicinity of a crime; is walking down the street with a handgun; or is seen on a surveillance camera leaving a store just after goods were stolen.

Many rules exist that complicate the matter, particularly related to frisking of a suspect, since frisking constitutes such an extreme invasion of privacy. For example, police may frisk a person whose clothing shows bulges that look like hidden weapons.

They may not, however, frisk people for the mere suspicion of possessing drugs.

The detention and questioning of suspects has become known as a Terry Stop, because of the Supreme Court's ruling in Terry v. Ohio (1968), in which the Court laid down the principles of reasonable suspicion.

The key thing to keep in mind is that each situation is different.

and what exactly is your point? you're regurgitating stuff you got off google with no comprehension of what it is you've read...

i'm saying, that according to that lawyer's website, there is NOT reasonable suspicion when there is only a little odor of alcohol alone....

capiche

 

[Jarod]

This was the post that Dixie made:


And you immediately equated that with a conviction and posted this:


This entire exchange has been me keeping it on the subject of being arrested on suspicion.
You were being so thick headed and had such a desire to win, that you couldn't bring yourself to admit that Dixie and I were correct.

In the State of Florida; you can be arrested on suspicion of a DUI, if the arresting Officer smells alcohol on you.

Now, if you want to address conviction; I suggest that you start a thread on it.

THe mere odor of alch alone will not hold up in court for an Arrest. The Judge would say there was no RS and thus all evidence obtained was fruit of an unlawfull arrest. The evidence would be thrown out and the case droped.

 

[USFREEDOM911]

Odor alone is not. It might be a fator. I know of no webcite that syas that.

From the DUI Lawyer's site that I've already addressed:

"Most commonly, officers are looking for a flush face, slurred or mumbled speech, red/bloodshot/water eyes, or an odor of alcohol."

Are you saying that a Jacksonville Florida Lawyer doesn't know what he's talking about??