How does a lawyer go out proving a cop didn't have probable cause, what are the...

J

Joe B

New member
...elements evaluated? How does a lawyer go out proving a cop didn't have probable cause to pull someone over for DUI.

I'm not in any trouble or anything, I just have a hard time believing a lawyer can prove that a cop didn't have probable cause to pull someone over. Couldn't a cop just say they were driving erratically, how do you this prove their word which should always hold up?
What elements during the incident would a lawyer evaluate to make a determination whether or not there was probable cause to pull someone over?
 
A pullover does not constitute a search, so it does not need probable cause to justify. A police officer can pull over anyone who they believe needs to be evaluated. (The term used is a "reasonable suspicion")
This simply means that the officer can reasonably think that the person in the car may be breaking the law, even if it is not the law arrested for.
If you have a DUI with a breathalyzer result you will not win this because chances are that your driving did show some signs of intoxication which police are trained to look for.
The burden of probable cause is used in instances when a vehicle or building is searched without consent from it's owner.
For example alcohol on a person's breath would give probable cause for an officer to search a car for open bottles of alcohol.
 
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