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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 117367
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My girlfriend was stopped by private security with very minimal

Resolved Question:

My girlfriend was stopped by private security with very minimal pc. The offense took place on private roads and she was parked in a private lot. Security called chp and they showed up 1/2 hr later and arrested her for DUI . The officers never observed her in the car and the traffic stop would not hold up in court on a public road. The CHP gave her a PAS before any other testing. I guess the question is does the security guard have to develop real pc for the stop that was eventually turned over to CHP.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 8 years ago.
If she was on private property, they would have a right to stop her to find out what she was doing there since they were patrolling that private property. However, CHP will not be able to testify as to her operating the vehicle and the security gurards would have to testify to that part. Security guards and police need some grounds to stop someone, but not exactly PC, they need reasonable suspicion. PC is only required to arrest.i Once they have reasonable suspicion, then they can develop PC if they detect the odor of alcoholic beverage on the driver. Thus, they will have to articulate some reasonable suspicion for stopping her, such that they believed that there may be some crime being comitted or suspicious activity involved.

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