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Old 12-08-2012, 20:03   #268
MNOD Glocker
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Join Date: Aug 2008
Location: Central Minnesota
Posts: 303
Originally Posted by rockapede View Post
First, officers looking nervous on video has NOTHING to do with the legality of their actions.

Good luck with your civil suit.

I've arrested people for DWI without doing field sobriety and won. I've arrested people for DWI that later tested at less than .08 and won. Of course, BAC over .08 and DWI are two separate charges in my state. For DWI all that really matters is your level of impairment. In other words, if the officer can articulate why he had PC to arrest you, he's probably fine.

Good luck with your civil suit.

Somebody will probably chime in here that Arizona v. Gant removed searches of vehicles incident to arrest, which isn't true. The decision removed arbitrary or procedural searches incident to arrest. With a DWI there stands a pretty good chance that there's going to be evidence of the crime in your vehicle (cans, bottles, etc), and a search incident to arrest for evidence related to the crime the individual was arrested for is reasonable. Furthermore, at least in my state, an officer detecting or believing in good faith that he detects an odor of marijuana in your vehicle has PC to search.

Again, good luck with your civil suit.

Further-urthermore, if the arrest is deemed legal, the confiscation of your weapon as evidence of probably yet another crime (possession of a firearm while intoxicated...) is golden as well. I sincerely doubt the officer used the word "steal" in reference to your firearm and the wording matters. Even if he did, a joke in poor taste makes you look stupid in court but doesn't necessarily mean you lose.

Good luck with your civil suit. Seeing a theme?

Of course, the above is all written based on the assumption that you really have a pending civil suit and your post wasn't simply "I want to be one of the tough guys" internet chest-thumping.

THIS hit the nail on the head...... good on ya sir!!

(OP, seriously, in everyones best interest, leave the legal stuff between you, your lawyer, and the courts.)
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