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RobertJDFL, Lawyer
Category: Criminal Law
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last night i was arrested and charged with under the influence

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last night i was arrested and charged with under the influence of a controlled substance (meth) and possession of a controlled substance (meth) . my question is about the way the police stopped me . i live in a small rural community and I've been a law abiding citizen for the most part give or take a few minor traffic tickets anyway last night i was walking to the store about 7:00 pm and half way there the police pulled up and stop me the officer asked who i was and i told him and asked if he would like to see my I D ,he said yes i gave it to him and the other officer asked if he could search me , I stated that i was not on parole or probation and therefore i did not think that there was any reason to be searched . after I said that he asked me when was the last time I used meth and i told him that it has been awhile then he said my pupils looked big and grabbed my arm and took my pulse . all of that shouldn't matter because they didn't have any reason for stopping me right
Submitted: 5 years ago.
Category: Criminal Law
Expert:  RobertJDFL replied 5 years ago.

Thank you for your question. After reading my answer, if you require additional information, press "REPLY" and I will be happy to assist you further.


Unfortunately, it's not a yes or no answer because it depends on the totality of the circumstances. A stop is justified if a person is exhibiting any combination of the following behaviors:

  1. Appears not to fit the time or place.
  2. Matches the description on a "Wanted" flyer.
  3. Acts strangely, or is emotional, angry, fearful, or intoxicated.
  4. Loitering, or looking for something.
  5. Running away or engaging in furtive movements.
  6. Present in a crime scene area.
  7. Present in a high-crime area (not sufficient by itself or with loitering).

Assuming a stop is lawful, police can then frisk you to check for concealed weapons in certain circumstances; if for example, the officer is concerned about his safety or the safety of others. If anything else is found during the frisk, like drugs, those can be lawfully seized.


Now, if you were just walking home, not exhibiting out of place behaviors, acting suspiciously, or doing anything that was suspect, then the officer didn't have right to stop you. You could fight the arrest on grounds of an unlawful stop. Proving it may be the most difficult part because unless there were witnesses or a video camera recording, it could come down to a case of your word versus their word , and then it would be up to a judge to decide if the stop was lawful.



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Customer: replied 5 years ago.
so does that mean if plead not guilty by reason of unlawful stop and i have a witness maybe two witnesses because the police also had a person in there vehicle who was just arrested for a warrant told me at the jail in booking that he didn't understand why i was being stopped but he did hear the police say lets check this guy out. would that possibly prove an unlawful stop
Expert:  RobertJDFL replied 5 years ago.
You can plead not guilty and then have an attorney argue to dismiss the charge on the basis of an unlawful stop. Does having witnesses guarantee that the case would be dismissed? No, it depends on what they saw, and what they can testify to, and what the arresting officers testify to, and ultimately, what the court believes -but having witnesses who can state that you weren't intoxicated, weren't acting suspiciously, and were doing nothing other than walking certainly gives you an opportunity to challenge the matter.
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Customer: replied 5 years ago.
at the jail they did a urine test and it came back positive for meth when you say intoxicated you mean alcohol right

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