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RobertJDFL
RobertJDFL, Attorney
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Thank you for your question. After reading my answer, please do not hesitate to reply if you have additional questions or need more information.

 

The police can arrest a person for being under the influence of drugs or alcohol in public. Police encounter citizens in an intoxicated/drug induced state often in their line of work; while they may not know the exact drug a person is on, a person may be acting erracticly, violently, hallucinating, may be unresponsive to demands of officers, etc.

 

The bigger issue here is why did they stop the person initially? In order to stop the person, police need at least reasonable suspicion to do so. That's a very low burden, it generally means something like knowledge sufficient for an ordinary person to believe that cirminal activity has been or is being committed. So, a person just walking down minding their own business who is stopped and arrested may have an argument to challenge the arrest for lack of probable cause. However, if that person is spotted coming out of a known drug house and walking down an area full of dealers when the police spot them, then police do have probable cause to stop them.

 

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