But beware, the officer does not need to actually observe the driving or movement, as circumstantial evidence can be used.
Southern California (PRWEB)
May 31, 2017
Southern California attorney Kellee Parker Harris, founder of Parker Law Center, in a recent NASS segment educates drivers on probable cause and reasonable suspicion as they relate to traffic stops. The NALA’s NASS gives business owners a unique platform to present their stories and industry expertise to a diverse, hyper-local audience through short, poignant audio segments.
In her NASS segment, Parker stresses that it is “imperative that motorists are aware that the 4th Amendment protects their right to be free from an unreasonable seizure, and that in order for an officer to conduct a traffic enforcement stop he or she either needs probable cause or reasonable suspicion that criminal activity is afoot. If the stop is in fact based on reasonable suspicion, the suspicion must be based on specific articulable facts, and the stop can last no longer than necessary to confirm or dispel the suspicion.”
In California, for example, in order to be found guilty of driving under the influence there must be volitional movement of the vehicle. California is not a physical control state, so if the key is in the ignition, the car is on and even if the person had the intent to drive, that is not enough to be considered driving under the influence. “The vehicle must actually move, even if it is only an inch,” added Parker. “But beware, the officer does not need to actually observe the driving or movement, as circumstantial evidence can be used.”
Furthermore, in order for an officer to make an arrest without a warrant on a misdemeanor offense, the…